
KENTUCKY SERIES 
CIVIL GOVERNMENT 



PETERMAN'S 

ELEMENTS 

OF CIVIL 

GOVERNMENT 



AMERICAN • BOOK • COMPANY 
NEW YORK-CINCINNATI 'CHICAGO 





Book I'M— 

GoppghtN? . 



COPYRIGHT DEPOSIT 



ELEMENTS 



OF 



CIVIL GOVERNMENT 



A TEXT-BOOK FOR USE IN PUBLIC SCHOOLS 
HIGH SCHOOLS AND NORMAL SCHOOLS 

AND 

A MANUAL OF REFERENCE FOR TEACHERS 



BY 



ALEX. L. PETERMAN 

M 

LATE PRINCIPAL AND PROFESSOR OF CIVIL GOVERNMENT IN THE NORMAL 

SCHOOL OF THE KENTUCKY STATE COLLEGE, AND MEMBER 
OF THE KENTUCKY STATE SENATE 



NEW YORK •:• CINCINNATI •:• CHICAGO 

AMERICAN BOOK COMPANY 



r>* 



P 






Copyright, 1891, 1903, by 
AMERICAN BOOK COMPANY 



DEDICATION. 



To the thousands of devoted Teachers in every part of the land, 
who are training the boys and girls of to-day to a true conception of 
American citizenship, and to a deeper love for our whole country, 
this little book is dedicated by a Brother in the work. 



PREFACE. 



THIS text-book begins " at home." The starting- 
point is the family, the first form of government 
with which the child comes in contact. As his 
acquaintance with rightful authority increases, the 
school, the civil district, the township, the county, 
the State, and the United States are taken up in 
their order. 

The book is especially intended for use in the 
public schools. The plan is the simplest yet devised, 
and is, therefore, well adapted to public school pur- 
poses. It has been used by the author for many 
years, in public schools, normal schools, and teach- 
ers' institutes. It carefully and logically follows the 
much praised and much neglected synthetic method. 
All students of the science of teaching agree that 
beginners in the study of government should com- 
mence with the known, and gradually proceed to the 
unknown. Yet it is believed this is the first text- 
book that closely follows this method of treating the 
subject. 

The constant aim has been to present the subject 
in a simple and attractive way, in accordance with 
sound principles of teaching — that children may grow 
into such a knowledge of their government that the 
welfare of the country may " come home to the busi- 
ness and bosoms " of the people. 

The recent increase of interest among the people 



6 PREFACE. 

upon the subject of government is a hopeful sign. 
It will lead to a better knowledge of our political 
institutions, and hence give us better citizens. 
Good citizenship is impossible unless the people 
understand the government under which they live. 

It is certainly strange that every State in the 
Union maintains a system of public schools for the 
purpose of training citizens, and that the course of 
study in so many States omits civil government, the 
science of citizenship. 

The author's special thanks are due Hon. Joseph 
Desha Pickett, Ph.D., Superintendent of Public In- 
struction of Kentucky, for the suggestion which led 
to the preparation of the work and for excellent 
thoughts upon the plan. The author also desires to 
confess his obligation to President James K. Patter- 
son, Ph.D., and Professor R. N. Roark, A.M., of the 
Kentucky State College, Lexington, for valuable sug- 
gestions as to the method of treatment and the 
scope of the book. 

The author has derived much assistance from the 
many admirable works upon the same subject, now 
before the country. But he has not hesitated to 
adopt a treatment different from theirs when it has 
been deemed advisable. He submits his work to a 
discriminating public, with the hope that he has not 
labored in vain in a field in which so many have 
wrought. 

ALEX. L. PETERMAN. 



A FEW WORDS TO TEACHERS. 



I. Purpose of the Study. — Every school should 
teach, and ev'ery child should study, the principles of 
our government, in order : 

1. That by knowing his country better he may 
learn to love it more. The first duty of the 
school is to teach its pupils to love " God, home, 
and native land." 

2. That the child may learn that there is such a 
thing as just authority ; that obedience to it is 
right and manly ; that we must learn to govern 
by first learning to obey. 

3. That he may know his rights as a citizen, and, 
" knowing, dare maintain;" that he may also 
know his duties as a citizen, and, knowing, may 
perform them intelligently and honestly. 

4. That he may understand the sacredness of the 
right of suffrage, and aid in securing honest elec- 
tions and honest discharge of official duties. 

5. That he may better understand the history of 
his country, for the history of the United States 
is largely the history of our political institutions. 

2. Oral Instruction. — There is no child in your 
school too young to learn something of geography, 
of history, and of civil government. 

These three subjects are so closely related that it 
is easier and better to teach them together. All 

(7) 



8 A FEW WORDS TO TEACHERS. 

pupils not prepared for the text-book should, at least 
on alternate days, be instructed by the teacher in a 
series of familiar talks, beginning with " The Family," 
and proceeding slowly to " The School," " The Civil 
District or Township," "The County," " The State," 
and " The United States." In this system of oral 
instruction, which is the best possible preparation 
for the formal study of civil government, the plan 
and outlines of this book may be used by the teacher 
with both profit and pleasure. 

3. Proper Age for Study of the Text-book. — The 
plan and the style of this book are so simple that the 
subject will be readily understood by pupils reading 
in the " Fourth Reader." Even in our ungraded 
country schools the average pupil of twelve years is 
well prepared to begin the study of the text-book in 
civil government. It is a serious mistake to post- 
pone this much neglected subject until a later age. 
Let it be introduced early, that the child's knowledge 
of his government may " grow with his growth, and 
strengthen with his strength." 

4. Two Parts. — It will be observed that the book 
is divided into two parts : the former treating the 
subject concretely, the latter treating it abstractly. 

Beginners should deal with things, not theories; 
hence, the abstract treatment of civil government is 
deferred until the pupil's mind is able to grasp it. 

For the same reason, definitions in the first part of 
the book are few and simple, the design of the author 
being to illustrate rather than to define ; to lead the 
child to see, rather than to burden his mind with fine- 
spun statements that serve only to confuse. In an 



A FEW WORDS TO TEACHERS. 



9 



elaborate work for advanced students the method of 
treatment would, of course, be quite different. 

5. Topical Method. — The subject of each para- 
graph is printed in bold-faced type, thus specially 
adapting the book to the topical method of recita- 
tion. This feature also serves as a guide to the pupil 
in the preparation of his lesson. 

6. Suggestive Questions. — In deference to the 
best professional thought, the author has omitted all 
questions upon the text, knowing that every live 
teacher prefers to frame his own questions. The 
space usually allotted to questions upon the text is 
devoted to suggestive questions, intended to lead the 
pupil to think and to investigate for himself. 

The author sincerely hopes that the teacher will 
not permit the pupil to memorize the language of 
the book, but encourage him to express the thought 
in his own words. 



CONTENTS. 



CHAPTER I. 

THE FAMILY. 

PAGE 

Introductory — Definition — Purposes — Members — Rights — Du- 
ties—Officers — Powers — Duties — Responsibility — Suggestive 
Questions 17 

CHAPTER II. 

THE SCHOOL AND SCHOOL DISTRICT. 

Introductory — Definition and Purposes — Formation — Functions 
— Members — Children — Rights — Duties — Parents — Rights 
and Duties — Government — Officers — Appointment — Duties 
— Teacher — Powers — Duties — Suggestive Questions ... 21 

CHAPTER III. 

THE CIVIL DISTRICT. 

Introductory — Civil Unit Defined — General Classes — Civil Dis- 
trict — Number — Size — Purposes — Government — Citizens — 
Rights — Duties — Officers — Justice of the Peace — Election — 
Term of Office — Duties — Constable — Election — Term of 
Office — Duties — Suggestive Questions 27 

CHAPTER IV. 

THE TOWNSHIP, OR TOWN. 

Introductory — Formation — Number — Size — Purposes — Citizens 
— Rights — Duties — Government — Corporate Power— Officers 
— Legislative Department — People — Trustees— Executive 
Department— Clerk— Treasurer— School Directors— Assess- 
ors — Supervisors— Constables — Other Officers— Judicial De- 
partment — Justices — Suggestive Questions 37 

do 



12 CONTENTS. 

CHAPTER V. 

THE COUNTY. 

PAGE 

Introductory — Purposes — Formation — Area — County Seat — Gov- 
ernment — Corporate Power — Departments — Officers — Legis- 
lative Department — County Commissioners, or Board of 
Supervisors — Executive Department — County Attorney, or 
Prosecuting Attorney — County Superintendent of Schools — 
Sheriff — Treasurer — Auditor — County Clerk, or Common 
Pleas Clerk — Recorder, or Register — Surveyor — Coroner — 
Other Officers — Judicial Department^County Judge, or 
Probate Judge — Suggestive Questions 48 

CHAPTER VI. 

MUNICIPAL CORPORATIONS — VILLAGES, BOROUGHS, AND CITIES. 

The Village or Borough — Incorporation — Government — Officers — 
Duties — The City — Incorporation — Wards — City Institutions 
— Finances— Citizens — Rights and Duties — Government — 
Officers — Duties — Suggestive Questions 56 

CHAPTER VII. 

THE STATE. 

Introductory — Definition — Formation of Original States — Ad- 
mission of New States — Purposes — Functions — Institutions 
— Citizens — Rights — Duties — Constitution— Formation and 
Adoption — Purposes — Value — Contents— Bill of Rights — 
Suggestive Questions 64 

CHAPTER VIII. 

THE state — {Continued'). 

Government Departments — Legislative Department — Qualifica- 
tions — Privileges — Power — Sessions — Functions — Forbid- 
den Powers — The Senate— House of Representatives — Sug- 
gestive Questions 77 



CONTENTS. 13 

CHAPTER IX. 

THE STATE — {Continued}. 

PAGE 

Executive Department — Governor — Term — Qualifications — 
Powers — Duties — Lieutenant-Governor — Secretary of State 
— Auditor — Comptroller — Treasurer — Attorney-General — 
Superintendent of Public Instruction — Other Officers — Sug- 
gestive Questions 84 

CHAPTER X. 

THE STATE — ( Continued). 

Judicial Department — Purposes — Supreme Court — District, or 
Circuit Court — Territories — Executive Department — Legis- 
lative Department — Judicial Department— Representation in 
Congress — Laws — Local Affairs — Purposes — Arizona — New 
Mexico — Oklahoma — Alaska — Indian Territory — District of 
Columbia — Suggestive Questions 92 

CHAPTER XL 

THE UNITED STATES. 

Introductory — Formation — Form of Government — Purposes — 
Functions — Citizens — Naturalization — Rights — Aliens — 
Constitution — Formation — Necessity — Amendment — De- 
partments — Suggestive Questions 98 

CHAPTER XII. 

THE UNITED STATES — {Continued). 

Legislative Department — Congress — Privileges of the Houses — 
Privileges and Disabilities of Members — Powers of Con- 
gress — Forbidden Powers — Senate — House of Representa- 
tives — The Speaker — Other Officers — Suggestive Questions . no 

CHAPTER XIII. 

THE UNITED STATES — {Continued). 

Executive I )epartment — President — Qualifications — Flection — 
Inauguration — Official Residence — Dignity and Responsibil- 



I 4 CONTENTS. 



ity — Messages — Duties and Powers — Cabinet— Department 
of State — Diplomatic Service — Consular Service — Treasury 
Department — Bureaus — War Department — Bureaus — Mili- 
tary Academy — Navy Department — Bureaus — Naval Acad- 
emy — Post-Office Department — Bureaus — Interior Depart- 
ment — Bureaus — Department of Justice — of Agriculture — of 
Commerce and Labor — Suggestive Questions 125 

CHAPTER XIV. 

THE united states — (Continued), 

Judicial Department — Jurisdiction of U. S. Courts— Supreme 
Court of the United States — Jurisdiction — Dignity — United 
States Circuit Courts of Appeals — United States Circuit 
Court — United States District Court — Court of Claims — 
Other Courts — Term of Service — Officers of Courts — Sug- 
gestive Questions 149 

CHAPTER XV. 

GOVERNMENT. 

Origin and Necessity — For the People — Kinds — Forms of 
Civil Government — Monarchy — Aristocracy — Democracy — 
Suggestive Questions 157 

CHAPTER XVI. 

JUSTICE. 

Rights and Duties — Relation of Rights and Duties — Civil Rights 
and Duties — Industrial Rights and Duties — Social Rights 
and Duties — Moral Rights and Duties — Political Rights and 
Duties — Suggestive Questions 163 

CHAPTER XVII. 

LAW AND LIBERTY. 

Origin— Kinds of Law— Courts — Suits — Judges — Grand Jury — 
Trial Jury— Origin of Juries — Officers of Courts— Legal 
Proceedings — Suggestive Questions 169 



IS 



CONTENTS. 
CHAPTER XVIII. 

SUFFRAGE AND ELECTIONS. 

PAGE 

Suffrage — Importance — Elections — Methods of Voting — Officers 

of Elections — Bribery — Suggestive Questions 175 

CHAPTER XIX. 

THE AUSTRALIAN BALLOT SYSTEM. 

Origin — In the United States— Principles — Requirements — Vot- 
ing — Advantages — Forms of Ballots — In Louisville — In 
Massachusetts — In Indiana — Suggestive Questions . . .179 

CHAPTER XX. 

PARTIES AND PARTY MACHINERY. 

Origin — Necessity — Party Machinery — Committees — Conven- 
tions — Calling Conventions — Local and State Conventions — 
National Convention — Platform — Nominations — Primary 
Elections — Caucuses — Suggestive Questions 189 

CHAPTER XXI. 

LEGISLATION. 

Bills — Introduction — Committees — Reports — Amendments — Pas- 
sage — Suggestive Questions 197 

CHAPTER XXII. 

REVENUE AND TAXATION. 

Revenue — Taxation — Necessity of Taxation— Direct Taxes — In- 
direct Taxes — Customs or Duties — Internal Revenue — Sug- 
gestive Questions 201 

Constitution of the United States 205 

Index 219 



ELEMENTS 



CIVIL GOVERNMENT, 



PART I. 

CHAPTER L 

THE FAMILY. 

Introductory.* — People living in the United 
States owe respect and obedience to not less than 
four different governments ; that is, to four forms of 
organized authority. They have duties as citizens 
of a township or civil district, as citizens of a county, 
as citizens of some one of the States, and as citizens 
of the United States. All persons are, or have been, 
members of a family ; some also live under a village 
or city government ; and most children are subject 

* To the Teacher. — Do not assign to the average class more 
than two or three pages of the text as a lesson. Make haste slowly. 
When each chapter is completed let it be reviewed at once, while the 
pupil's interest is fresh. 

See that the " Suggestive Questions " at the end of the chapter are 
not neglected. If necessary, devote special lessons to their considera- 
tion. Assign the "questions" to the members of the class, to be 
answered on the following day, giving not more than two "ques- 
tions" to any pupil. 

Pet. C. Go. 2 ( ! 7 ) 



1 8 THE FAMILY. 

to the government of some school. Many people in 
this country live under six governments — namely, the 
family, the township or civil district, the village or 
city, the county, the State, and the United States ; 
while children who live in villages or cities, and 
attend school, are subject to seven different govern- 
ments. These organizations are so closely related 
that the duties of the people as citizens of one do 
not conflict with their duties as citizens of the others. 
The better citizen a person is of one of these gov- 
ernments the better citizen he is of all governments 
under which he lives. 

Definition. — Each of us is a member of some fam- 
ily. We were born into the family circle, and our 
parents first taught us to obey. By insisting upon 
obedience, parents govern their children, and thus 
keep them from evil and from danger. The family, 
then, is a form of government, established for the 
good of the children themselves, and the first gov- 
ernment that each of us must obey. 

Purposes. — The family exists for the rearing and 
training of children, and for the happiness and pros- 
perity of parents. All children need the comforts 
and restraints of home life. They are growing up to 
be citizens and rulers of the country, and should 
learn to rule by first learning to obey. The lessons 
of home prepare them for life and for citizenship. 

MEMBERS. 

The members of the family are the father, the 
mother, and the children ; and the family govern- 
ment exists for all, especially for the children, that 



OFFICERS. 



19 



they may be protected, guided, and taught to be- 
come useful men and women. The welfare of each 
and of all depends upon the family government, 
upon the care of the parents and the obedience of 
the children. 

Rights. — The members have certain rights ; that 
is, certain just claims upon the family. Each has a 
right to all the care and protection that the family 
can give: a right to be kindly treated ; a right to be 
spoken to in a polite manner; a right to food, cloth- 
ing, shelter, and an opportunity to acquire an educa- 
tion ; a right to the advice and warning of the older 
members ; a right to the respect of all. 

Duties. — As each of the members has his rights, 
each also has his duties ; for where a right exists, a 
duty always exists with it. It is the duty of each to 
treat the others kindly ; to teach them what is right 
and what is wrong ; to aid them in their work ; to 
comfort them in their sorrows ; and to rejoice with 
them in their gladness. It is the duty of the children 
to love their parents ; to obey them in all things ; to 
respect older persons ; and to abstain from bad habits 
and bad language. 

OFFICERS. 

The officers of the family government are the/ 
father and the mother. They were made officers 
when they were married, so that the rulers of the 
family are also members of the family. The office of 
a parent is a holy office, and requires wisdom for the 
proper discharge of its duties. 

Powers. — The parents have power to make rules, 



20 THE FAMILY, 

to decide when these have been broken, and to insist 
that they shall be obeyed. They make the law of 
the family, enforce the law, and explain the law. 
They have supreme control over their children in all 
the usual affairs of life, until the children arrive at 
the legal age — twenty-one years. 

Duties, Responsibility. — Parents should be firm 
and just in their rulings ; they should study the wel- 
fare of their children, and use every effort to train 
them to lives of usefulness and honor. It is the 
duty of parents to provide their children with food, 
clothing, shelter, and the means of acquiring an edu- 
cation. There is no other responsibility so great as 
the responsibility of fathers and mothers. They are 
responsible for themselves, and the law makes them 
partly responsible for the conduct of their children. 
Therefore, one of the highest duties of a parent to 
his children is to exact obedience in all right things, 
in order that the children may be trained to true 
manhood and womanhood. 

SUGGESTIVE QUESTIONS. 

i. Name some of the restraints of home life. 

2. Why does the welfare of all depend upon the family gov- 
ernment ? 

3. Why do rights and duties always exist together ? 

4. Name some bad habits. 

5. Why should children abstain from bad habits ? 

6. What is true manhood ? 

7. Are disobedient children apt to make good citizens ? 

8. Should a father permit his bad habits to be adopted by 
his children ? 



CHAPTER II. 
THE SCHOOL. 

Introductory. — When children reach the age of 
six or seven years, they enter the public school and 
become subject to its rules. We are born under 
government, and we are educated under it. We are 
under it at home, in school, and in after life. Law 
and order are everywhere necessary to the peace, 
safety, liberty, and happiness of the people. True 
liberty and true enlightenment can not exist unless 
regulated by law. 

Definition and Purposes. — A school district or 
sub-district is a certain portion of the town or county 
laid off and set apart for the purpose of establish- 
ing and maintaining a public school. It exists for 
educational reasons only, and is the unit of educa- 
tional work. The public schools are supported by 
funds raised partly by the State, and partly by the 
county or the township. They are frequently called 
common schools or free schools. It is the duty of 
the State to provide all children with the means of 
acquiring a plain English education, and the State 
discharges this duty by dividing the county into dis- 
tricts of such size that a school-house and a public 
school are within reach of every child. 

Formation. — The limits of the school district are 
usually fixed by the chief school officer of the coun- 
ty, by the town, by the school board, or by the peo- 

(21) 



22 THE SCHOOL. 

pie living in the neighborhood. In most of the 
States districts vary greatly in size and shape ; but 
in some of the States they have a regular form, each 
being about two miles square. 

Functions. — The functions, or work, of the school 
are solely educational. The State supports a system 
of public schools in order that the masses of the 
people may be educated. The country needs good 
citizens : to be good citizens the people must be 
intelligent, and to be intelligent they must attend 
school. 

MEMBERS. 

The members of the school district are the peo- 
ple living in it. All are interested, one way or an- 
other, in the success of the school. In most States 
the legal voters elect the school board, or trustees, 
and in some States levy the district school taxes. 
Those who are neither voters nor within the school 
age are interested in the intelligence and good name 
of the community, and are therefore interested in 
the public school. 

Children. — The children within the school age are 
the members of the school, and they are the most 
important members of the school district. It is for 
their good that the school exists. The State has 
provided schools in order that its children may be 
educated, and thus become useful men and women 
and good citizens. 

Rights. — Children, as members of the school, have 
important rights and duties. It is the right, one of 
the highest rights, of every child to attend the full 



GO VERNMENT. 



23 



session of the public school. Whoever prevents 
him from exercising this right commits an offense 
against the child and against the State. The State 
taxes its citizens to maintain a system of schools for 
the benefit of every child, and so every child has a 
right to all the State has provided for him. 

Duties. — As it is the right, it is also the duty of 
all children to attend the full session of the public 
•school, or of some other equally as good. They 
should be regular and punctual in their attendance; 
they should yield prompt and cheerful obedience to 
the school government, and try to avail themselves 
of all advantages that the school can give. As it is 
the duty of the State to offer a plain English educa- 
tion to every child, so it is the duty of all children to 
make the most of all means the State has provided 
for their education. 

Parents, their Rights and Duties. — All parents 
have the right to send their children to the public 
school, and it is also their duty to patronize the pub- 
lic school, or some other equally as good. Fathers 
and mothers who deprive their children of the oppor- 
tunities of acquiring an education do them lasting 
injury. Parents should use every effort to give their 
children at least the best education that can be ob- 
tained in the public schools. 

GOVERNMENT. 

The school has rules to govern it, that the pupil 
may be guided, directed, and protected in the pur- 
suit of knowledge. Schools can not work without 
order, and there can be no order without govern- 



24 



THE SCHOOL, 



ment. The members of the school desire that good 
order be maintained, for they know their success de- 
pends upon it ; so that school government, like all 
other good government, exists by the consent and 
for the good of the governed. 

Officers. — The school, like all other governments, 
has its officers. These are the school board, or trus- 
tees, and the teacher. They are responsible for the 
government and good conduct of the school. There 
are, in most governments, three kinds of officers, 
corresponding to the three departments of govern- 
ment — the legislative, the judicial, and the executive. 
The legislative department of the government makes 
the laws, the judicial department explains them, and 
the executive department executes them. School 
officers are mostly executive ; that is, their chief 
duties are to enforce the laws made by the legisla- 
ture for the government of the public schools. As 
they also make rules for the school, their duties are 
partly legislative. 

Appointment, Term of Office. — The district offi- 
cers are usually elected by the legal voters of the 
school district ; but in some States they are appointed 
by the county superintendent, or county school com- 
missioner as he is often called. In most States the 
term of office is three years, but in some it is two 
years, and in others it is only one year. Directors 
receive no pay for their services. 

Duties. — In most States it is the duty of the 
district officers to raise money by levying taxes for 
the erection of school-buildings, and to superintend 
their construction ; to purchase furniture and appa- 



GOVERNMENT. 



25 



ratus ; to care for the school property ; to employ 
teachers and fix their salaries ; to visit the school 
and direct its work ; to take the school census ; and 
to make reports to the higher school officers. In 
some States, as in Indiana, most of these duties be- 
long to the office of township trustee. 

The Teacher. — The teacher is usually employed 
by the directors or trustees, but in some States he is 
employed by the township trustee or by the county 
superintendent. He must first pass an examination 
before an examiner, or board of examiners, and obtain 
therefrom a certificate or license entitling him to 
teach in the public schools. 

Powers. — The teacher has the same power and 
right to govern the school that the parent has to 
govern the family. The law puts the teacher in the 
parent's place and expects him to perform the parent's 
office, subject to the action of the directors or trus- 
tees. It clothes him with all power necessary to 
govern the school, and then holds him responsible 
for its conduct, the directors having the right to dis- 
miss him at any time for a failure to perform his 
duty. 

Duties. — The teacher is one of our most important 
officers. The State has confided to him the trust of 
teaching, of showing boys and girls how to be useful 
men and women, of training them for citizenship. 
This is a great work to do. The State has clothed 
him with ample power for the purpose, and it is his 
duty to serve the State faithfully and well. The 
teacher should govern kindly and firmly. Every 
pupil in school, of whatever age or size, owes him 



26 THE SCHOOL. 

cheerful and ready obedience. It is his duty, the 
duty for which he is paid, to insist upon this obedi- 
ence ; to govern the school ; to teach the pupils to 
obey while they are children, in order that they may 
rule well when they become rulers ; that is, when 
they become citizens. 

SUGGESTIVE QUESTIONS. 

i. Why are law and order necessary to the peace and hap- 
piness of the people ? 

2. Why are public schools sometimes called free schools or 
common schools ? 

3. About how many square miles are there in a school dis- 
trict in this county ? 

4. What is the official title, and what the name, of the chief 
school officer of this county ? 

5. Why does the State want its people educated ? 

6. Why should children be regular and punctual in their 
attendance ? 

7. What can parents do to aid their children to acquire an 
education ? 

8. What number of directors do you think would be best 
for the school district ? Why ? 

9. Should directors receive compensation ? How much ? 

10. Why should the teacher pass an examination ? 

11. Should he be examined every year ? 

12. Why does the law place the teacher in the parent's 
place ? 

13. Why are citizens said to be rulers ? 

QUESTION FOR DEBATE. 

Resolved, That it is right for a man without children to pay 
school taxes. 



CHAPTER III. 
THE CIVIL DISTRICT. 

Introductory. — In our study, thus far, we have 
had to do with special forms of government as exer- 
cised in the family and in the school. These are, in 
a sense, peculiar to themselves. The rights of gov- 
ernment as administered in the family, and the rights 
of the members of a family, as well as their duties to 
each other, are natural rights and duties; they do 
not depend upon society for their force. In fact, 
they are stronger and more binding in proportion as 
the bands of society are relaxed. 

In the primitive state, before there was organized 
civil society, family government was supreme ; and, 
likewise, if a family should remove from within the 
limits of civil society and be entirely isolated, family 
government would again resume its power and bind- 
ing force. 

School government, while partaking of the nature 
of civil government, is still more closely allied to 
family government. In the natural state, and in 
the isolated household, the education of the child 
devolves upon the parents, and the parent delegates 
a part of his natural rights and duties to the teacher 
when he commits the education of his child to the 
common school. The teacher is said to stand in loco 
parentis (in the place of the parent), and from this 
direction, mainly, are his rights of government derived. 

(27) 



2 g THE CIVIL DISTRICT. 

The school, therefore, stands in an intermediate 
position between family government and civil gov- 
ernment proper, partaking of some features of each, 
and forming a sort of stepping-stone for the child 
from the natural restraints of home to the more 
complex demands of civil society. The school dis- 
trict, also, while partaking of the nature of a civil 
institution, is in many respects to be regarded as a 
co-operative organization of the families of the neigh- 
borhood for the education of their children, and its 
government as a co-operative family government. 

THE CIVIL UNIT DEFINED. 

In nearly every part of the United States there is 
a unit of civil society in which the people exercise 
many of the powers of government at first hand. 
This civil unit is variously named in the different 
States, and its first organization may have been for 
some minor purpose; but it has grown to be an im- 
portant sphere of government in many States, and 
throughout the entire country it is the primary school 
of the citizen and the voter. 

There are many different names by which this 
civil unit is known. 

In the State of Mississippi it is called the Beat, 
and this name is no doubt derived from the original 
purpose of the organization, as the jurisdiction of a 
watchman or constable. 

In Delaware it is called the Hundred, which is the 
old English subdivision of a county, supposed to 
contain one hundred families, or one hundred men 
able to bear arms in the public service. 



THE CIVIL UA T IT DEFINED 



2 9 



In the New England States, in New York, and in 
Wisconsin it is called the Town, from the old Anglo- 
Saxon civil unit, which antedates the settlement of 
England by its Saxon invaders, and is probably older 
than the Christian era. 

In Arkansas, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, New Jersey, the Car- 
olinas, Ohio, Pennsylvania, and parts of Illinois, Ne- 
braska, and the Dakotas, it is called the Township, 
only a variation of name from the "town," and hav- 
ing the same origin. 

In California it is called the Judicial Township, and 
in parts of the Dakotas it is called the School Town- 
ship. 

In Alabama, Colorado, Florida, Idaho, Oregon, 
Utah, Washington, and parts of Illinois and Nebras- 
ka, it is called the Election Precinct, from the fact 
that it was the subdivision made for the convenience 
of voters. 

In Georgia it is called the Militia District, from 
the fact that each subdivision furnished a certain 
proportionate number of men for the militia service 
of the State. 

In Kentucky, Virginia, and West Virginia, it is 
called the Magisterial District, from the fact that it 
was constituted as the limit of the jurisdiction of a 
local magistrate. 

In Louisiana it is called the Police Jury Ward, 
perhaps for the reason that from each one of these 
subdivisions a warden was elected to administer the 
parish government. 

In Maryland and Wyoming it is called the Election 



3Q THE CIVIL DISTRICT, 

District, from the fact that it was the subdivision 
made for the convenience of voters. 

In Tennessee it is called the Civil District — prob- 
ably, next to " town " or " township/' the most fitting 
name for the smallest subdivision of civil govern- 
ment. 

In Texas it is called the Justice's Precinct, as being 
the limit of a justice's jurisdiction. 

In some of the New England States, also, districts 
which have not the entire town organization are 
provisionally called Plantations or Grants, being sub- 
ject to the administration, in some local affairs, of 
other towns. 

But under whatever name the civil unit may exist, 
it is the primary seat of government. In many cases 
the original reason for the name has disappeared, 
while the character of the government has greatly 
changed, and been modified and developed from the 
first crude forms. 

Three General Classes. — As a result, there are 
at present but three general classes into which we 
need subdivide the civil unit in the various States : 
these are the Civil District, which would include the 
"Beat," "Hundred," "Election Precinct," "Militia 
District," and numerous other classes, embracing 
about one half the States of the Union ; the Town, 
which has its fullest development in the New Eng- 
land States ; and the Township, which in some States 
has nearly the full development of a New England 
town, while in other States it has a looser organiza- 
tion, approximating the civil district of the Southern 
and Southwestern States, 



THE CIVIL DISTRICT. 



31 



THE CIVIL DISTRICT, PROPER. 

We shall treat of the various forms of the civil 
unit which we have classed under the general name 
of civil district before we speak of the town and the 
township, because they are simpler and much less 
developed, and therefore naturally constitute the 
simplest form of the civil unit. 

Number, Size. — In number and size, civil dis- 
tricts vary widely in different States and in differ- 
ent counties of the same State. There are rarely 
less than five or more than twelve districts to the 
county. 

Purposes. — The division of the county into dis- 
tricts, each with its own court of law, brings justice 
to the people's doors. It secures officers to every 
part of the county, thus affording better means for 
the punishment of crimes. It provides a speedy 
trial for minor offences and minor suits. It aids the 
higher courts by relieving them of a multitude of 
small cases. As each district has one or more poll- 
ing-places, it secures convenience to the electors in 
•casting their votes. 

Government. — The functions of the civil district 
are judicial and executive, and lie within a narrow 
range. Its government possesses no legislative or 
corporate power whatever; it can not make a single 
law, however unimportant. Within a narrow juris- 
diction or sphere, it applies the law to particular 
cases, and this is the chief purpose for its existence. 
Whenever the civil unit possesses more powers than 
are herein set forth, it is more properly described 



32 



THE CIVIL DISTRICT. 



under the township in the next chapter, no matter 
what name it may go by locally. 

CITIZENS. 

The citizens of the civil district are the people re- 
siding within it. It exists for their benefit, that they 
may be secure in life, liberty, and property. In a 
certain sense they constitute the district, since its 
government concerns them directly, and others only 
remotely. 

Rights. — All citizens have a right to the full and 
equal protection of the laws. Each has a right to be 
secure in his person and property ; to demand that 
the peace be preserved ; to do all things according to 
his own will, provided he does not trespass upon the 
rights of others. No one in the family, in the school, 
in the civil district, in the county, in the State, or in 
the nation, has the right to do or say any thing which 
interferes with the life, liberty, property, or happiness 
of another. Any act which interferes with the rights 
of others is an offence against the common good and 
against the law. It is chiefly for the prevention and 
punishment of these unlawful acts that the civil dis- 
trict exists, with its court and its officers. 

All legal voters of the district have the right to 
participate in its government by exercising a free 
choice in the selection of its officers, except in States 
where these officers are appointed. They have the 
right to cast their votes without fear or favor. This 
is one of the most important and sacred rights that 
freemen possess. Free government can not exist 
without it. The law guarantees it, and all the power 



OFFICERS. 



33 



of the State may be employed to maintain it. There- 
fore, whoever prevents a voter from exercising the 
right of suffrage does it at his own peril. 

Duties. — As the citizens of the civil district have 
rights, they also have corresponding duties. As they 
may demand protection and the preservation of the 
peace, so it is their duty to obey the law and assist 
the officers in its enforcement, in order that the same 
protection may be extended to the whole people. 
Each should abstain from acts that injure others, and 
render cheerful aid to all in securing their rights 
through the law. 

All qualified voters have the right, and it is also 
their duty, to vote. The voters elect the officers of 
the district, and are therefore its rulers. When they 
fail to vote, they fail to rule — fail in their duty to the 
people and to themselves. The duty to vote implies 
the duty to vote right, to vote for good men and for 
good measures. Therefore, men should study their 
duty as voters, that they may elect honest, capable, 
faithful officers, and support the parties and princi- 
ples that will best promote the good of the country. 
Every man should study his political duty with the 
best light that he can obtain, decide what is right, 
and then vote his sentiments honestly and fearlessly. 
If the district has good government, the voters de- 
serve the credit ; if it has bad government, the voters 
deserve the blame. 

OFFICERS. 

The officers of the district are the justices of the 
peace and the constable. In some States there is only 

Pet. C. Go. — 3 



34 



THE CIVIL DISTRICT. 



one justice to each district, in other States there are 
two, and in others there are three. 

Justice of the Peace. — The office of justice of 
the peace is one of dignity and importance. Justices 
can render great service to society by the proper 
discharge of their duties. They may have much to 
do with enforcing the law, and therefore the best 
men should be elected to this office. 

Election, Term of Office. — Justices of the peace 
are usually elected by the qualified voters of the dis- 
trict. In some States the governor appoints them. 
The term of office is two, three, four, or even seven 
years, varying in different States. 

Duties. — The duties of justices of the peace are 
principally judicial, and their jurisdiction extends 
throughout the county. Upon the sworn statement 
of the person making complaint, they issue warrants 
for the arrest of offenders. With the aid of juries, 
they hold court for the trial of minor offences — such 
as the breach of the peace — punishable by fine or 
brief imprisonment. They sometimes try those 
charged with higher crimes, and acquit ; or, if the 
proof is sufficient, remand the accused to trial by a 
higher court. This is called an examining trial. 
They try civil suits where the amount involved does 
not exceed a fixed amount — fifty dollars in some 
States, and one hundred dollars in others — and pre- 
vent crime by requiring reckless persons to give 
security to keep the peace. Justices sometimes pre- 
side, instead of the coroner, at inquests, and in some 
States they have important duties as officers of the 
county. 



SUGGESTIVE QUESTIONS. 35 

Constable, Election, Term of Office.— There is 

usually one constable — in some States more — in each 
civil district. Constables, like the justices, are elected 
in most States ; but in some they are appointed. 
The term of office is usually the same as that of the 
justice in the same State. 

Duties. — The constable is termed a ministerial 
officer because it is his duty to minister to, or wait 
upon, the justice's court. He serves warrants, writs, 
and other processes of the justice, and sometimes 
those of higher courts. He preserves the public 
peace, makes arrests for its violation, and in some 
States collects the taxes apportioned to his civil dis- 
trict. 

SUGGESTIVE QUESTIONS. 

i. In what respect does civil government differ from family 
or school government ? 

2. Why does the government of the civil district concern 
its people directly and others remotely ? 

3. What is meant by the civil unit ? By what names is it 
known in the various States ? 

4. What are the three general classes under which the civil 
unit may be considered ? 

5. Why can not free government exist without the right to 
vote ? 

6. Why should the people try to secure their rights through 
the law ? 

7. What is the purpose of the subdivision of a county into 
districts ? 

8. Define in general terms the rights and duties of the citi- 
zens of civil districts. 

9. By what other names are justices of the peace sometimes 
called ? 

10. Why is the jurisdiction of a justice's court limited ? 



36 THE CIVIL DISTRICT. 

11. Who are the justices of this civil district? 

12. When elected, and what is their term of office ? 

13. Who is constable of this district ? 

QUESTION FOR DEBATE. 

Resolved, That the govern ment of the civil district should 
have a legislative department. 



CHAPTER IV. 
THE TOWNSHIP OR TOWN. 

Introductory. — We have learned that in the South- 
ern States the civil unit under various names may be 
described under the common name of the civil dis- 
trict ; that in the New England States it is called 
the town, and in many of the Western States it is 
known as the township. As the powers and func- 
tions of the town and the township are the same in 
kind, differing only in extent, and as the two names 
are so often used, the one for the other, we shall 
consider both under the head of the township. 

As a rule, the township possesses more extensive 
governmental functions in the Eastern than in the 
Western States, and in the West it possesses func- 
tions much more extensive than those of the civil 
district in the South. Many of the most important 
powers that belong to the county in the Southern 
States belong to the township in the Eastern and 
the Western States. 

Formation. — In the Eastern States the townships 
were formed in the first settlement of the country, 
and afterward a number of townships were combined 
to form the county. In the Western States the town- 
ships were surveyed, and their boundaries marked, 
by agents of the general government, before the Ter- 
ritories became States of the Union. As a natural 
result, the townships of the Eastern States are irreg- 

(37) 



38 



THE TOWNSHIP OR TOWN. 



ular in shape and size, while those of the Western 
States have a regular form, each being about six 
miles square. In the Western States the township 
is usually composed of thirty-six sections, each sec- 
tion being one mile square, and containing six hun- 
dred and forty acres of land. 

Purposes. — It is an old and true maxim that 
government should be brought as near the people as 
possible. This the township system does. In our 
country all power resides in the people, and the 
township provides a convenient means of ascertain- 
ing their wishes and of executing their will. The 
farther away the government, the less will be the 
people's power ; the nearer the government, the 
greater will be the people's power. The township 
system enables each community to attend to its own 
local affairs — a work which no other agency can do so 
well — to remove readily and speedily its local public 
grievances, and to obtain readily and speedily its 
local public needs. 

CITIZENS. 

The citizens of the township are the people living 
in it, whether native or foreigners who have become 
citizens. It exists for their benefit, to afford them 
a means of securing their rights and of redressing 
their wrongs. It is these persons that the law has 
in view when setting forth the privileges and immu- 
nities of citizenship 

Rights. — All citizens of the township are entitled 
to enjoy the rights of " life, liberty, property, and 
the pursuit of happiness." The township govern- 



CITIZEN'S. 



39 



ment exists for the purpose of securing these right* 
to the people. All have equal claims to the fullest 
protection of the law. They may use their own 
property as they choose, and do whatever pleases 
them, so long as they do not interfere with the rights 
of others. ■ Whenever one's act, speech, or property 
interferes with the rights of others, he falls under 
the censure of the law and becomes subject to its 
penalty. 

All male inhabitants born in the United States, 
and foreigners who have become citizens, who have 
resided within the State, county, and township the 
time required by law, are entitled to vote at all 
township, county, state, and national elections. Sev- 
eral States require the payment of poll-tax as a qual- 
ification to vote ; others permit the subjects of for- 
eign countries to vote ; and in a few States, women 
are permitted to vote in municipal elections. Luna- 
tics, idiots, paupers, and persons convicted of certain 
high crimes are disfranchised ; that is, are not per- 
mitted to vote. The right of suffrage is one of great 
power and value, being the basis of all free govern- 
ment, and is jealously guarded by the laws of the 
land. 

Duties. — The people have extensive rights and 
they have equally extensive duties. Each citizen 
has rights that others must respect. It is the duty 
of each to observe and regard the rights of all other 
persons ; and when he does not, the law interferes by 
its officers and deprives him of his own rights by 
fine or imprisonment, and in some instances by a still 
more severe penalty. It is the duty of the people to 



40 



THE TOWNSHIP OR TOWN. 



love and serve the country; to be good citizens; 
to labor for the public good ; to obey the law, and to 
assist the officers in its enforcement. 

It is the duty of the qualified voters to give the 
township good government by electing good officers. 
A vote cast for a bad man or a bad measure is an 
attack upon the rights of every person in the com- 
munity. The power of suffrage is held for the pub- 
lic good; but it is used for the public injury when 
incompetent or unfaithful men are elected to office. 
Good government and the happiness and prosperity 
of the country depend upon an honest and intelli- 
gent vote. 

GOVERNMENT. 

The township government possesses legislative, 
judicial, and executive functions. It has a legislative 
department to make local laws, a judicial department 
to apply the laws to particular cases, and an execu- 
tive department to enforce these and other laws. 
The three functions are of nearly equal prominence 
in the Eastern States, but in the West the executive 
function is more prominent than the legislative and 
the judicial. 

Corporate Power. — Each township is a corpora- 
tion ; that is, in any business affair it may act as a 
single person. In its corporate capacity it can sue 
and be sued ; borrow money ; buy, rent, and sell 
property for public purposes. When it is said that 
the township possesses these powers, it is meant that 
the people of the township, acting as a single polit- 
ical body, possess them. 



LEGISLATIVE DEPARTMENT. 



41 



Officers. — The officers of the township are more 
numerous, and their functions are more extensive 
than those of the civil district. Many officers are 
the same in name, and others have the same duties 
as those of the county in the Southern States. 

Legislative Department ; the People. — In the 
Eastern States the legislative department of the 
township government has more extensive functions 
than in the West. In the New England States most 
local affairs belong to the township government, and 
the county is of minor importance. In these and 
a few other States the people make their own local 
laws instead of delegating this power to representa- 
tives. The electors of the township meet annually 
at a fixed place, upon a day appointed by law, dis- 
cuss questions of public concern, elect the township 
officers, levy township taxes, make appropriations of 
money for public purposes, fix the salaries and hear 
the reports of officers, and decide upon a course of 
action for the coming year. Thus the people them- 
selves, or more strictly speaking, the qualified voters, 
are the government. In some States special town 
meetings may be called for special purposes. The 
town meeting places local public affairs under the 
direct control of the people, and thus gives them a 
personal interest in the government, and makes them 
feel a personal responsibility for its acts. Another 
benefit of the system is that it trains the people to 
deal with political matters, and so prepares them to 
act intelligently in all the affairs of the State and the 
nation. 

In the Western States the county government is 



42 THE TOWNSHIP OR TOWN. 

more important, and township legislation is confined 
to a narrow range. In power and importance the 
township of most Western States is intermediate 
between the town of the East and the civil district 
of the South. 

Selectmen or Trustees. — The legislative power 
of the township is vested in the trustees, town coun- 
cil, or selectmen, as they are variously termed. The 
number of trustees or selectmen is not the same in all 
parts of the Union, being fixed at three in most States 
of the West, and varying in New England with the 
wishes of the electors. The trustees, councilmen, or 
selectmen are elected by the qualified voters of the 
township for a term of one, two, or three years, vary- 
ing in different States. They are the legal guardians 
of the public interests of the township, and make laws 
or ordinances, sometimes called by-laws, expressly 
pertaining to the local wants of the community, and 
to a limited extent may levy taxes. 

In some States, especially those of the East, the 
principal duties of the trustees or selectmen are 
executive. They divide the township into road dis- 
tricts ; open roads on petition; select jurors; build 
and repair bridges and town halls, where the expendi- 
ture is small ; act as judges of elections; purchase 
and care for cemeteries ; have charge of the poor not 
in the county charge ; and act for the township in its 
corporate capacity. If any thing goes wrong in the 
public affairs of the town, complaint is made to 
these officers. 

Executive Department. — Most of the public 
affairs of the township, as well as of all other gov- 



EXECUTIVE DEPARTMENT. 



43 



ernments, pertain to the executive department. Its 
duties are far more extensive, and its officers are 
more numerous, than those of the other departments. 
The executive officers of the township are the clerk, 
the treasurer, the school directors, the assessor, the 
supervisors, and the constables. In most States all 
these officers are elected by the qualified voters ; but 
in some the clerk, the treasurer, and the constables 
are elected by the town council. 

Clerk. — The clerk of the township is clerk of the 
trustees, council, or selectmen, and in some States 
of the school board. He attends the meetings of the 
trustees, and makes a careful record of the proceed- 
ings. He keeps the poll-lists and other legal papers 
of the township, administers oaths, and notifies offi- 
cers of their election. In the New England States, 
and some others, he keeps a record of the marriages, 
births, and deaths, calls the town meeting to order, 
reads the warrant under which it is held, presides 
until a moderator is chosen, and then acts as clerk of 
the meeting. 

Treasurer. — Taxes collected from the people for 
local purposes are paid to the treasurer. He receives 
all fines, forfeitures, and license-fees paid to the town- 
ship. He is the keeper of the township funds, giving 
bond for the faithful performance of his duties, and 
pays out money upon the written order of the trus- 
tees, attested by the clerk. In some States, as in 
New York, there is no separate township treasurer, 
the above and other duties being performed by the 
supervisor, who is the chief officer of the township. 

School Directors. — The school directors have 



44 THE TOWNSHIP OR TOWtf. 

charge of the public schools of the township. The 
number of directors varies widely, being usually 
three, five, or more. In a few States, as in Ohio, the 
clerks of the district trustees constitute the township 
school directors, or township board of education. 
The directors levy taxes for school purposes, visit 
and inspect the public schools, adopt text-books, 
regulate the order of studies and length of the term, 
fix salaries, purchase furniture and apparatus, and 
make reports to the higher school officers. In some 
States they examine teachers and grant certificates 
to teach. In many States a part of these duties falls 
to the county superintendent. 

Assessor. — The assessor makes a list of the names 
of all persons subject to taxation, estimates the value 
of their real and personal property, assesses a tax 
thereon, and in some States delivers this list to the 
auditor, and in others to the collector of taxes. In 
most States there is also a poll-tax of from one to 
three dollars, sometimes more, laid upon all male 
inhabitants more than twenty-one years of age. In 
some States there are two or more assessors to the 
township, and in others real estate is valued only 
once in ten years. 

Commissioners, or surveyors of highways, have 
charge of the construction and repair of highways, 
summon those subject to labor on the road, and 
direct their work. 

Supervisor. — In some States the chief executive 
duties of the town fall upon the supervisor, but his 
principal duties are rather as a member of the county 
board of supervisors. 



JUDICIAL DEPARTMENT. 45 

Constables. — Constables are ministerial and police 
officers. There are usually two or three in each 
township. They wait upon the justice's court, and 
are subject to his orders. They preserve the public 
peace, serve warrants and other processes, and in 
some States act as collectors of taxes. 

Collector, etc. — In some States the township has 
a collector and three or more auditors. They are 
usually elected by the trustees, or council, but in a 
few of the States they are elected by the town meet- 
ing. The collector collects the township taxes, giv- 
ing bond for the faithful performance of his duties. 
In order to secure honesty and efficiency in public 
office, and to exhibit the financial condition of the 
township, the auditors annually examine the books 
of the treasurer and the collector, and publish a re- 
port showing the receipts and expenditures of public 
money. 

In a few States the township has a field-driver and 
a pound-keeper, whose respective duties are to take 
stray animals to the pound, an enclosure kept for the 
purpose, and to retain them with good care until the 
owner is notified and pays all expenses ; two or more 
fence-viewers, who decide disputes about fences ; 
surveyors of lumber, who measure and mark lumber 
offered for sale ; and sealers, who test and certify 
weights and measures used in trade. These officers 
are usually appointed by the selectmen. 

Judicial Department; Justices. — The judicial 
power is vested in the justices, who are elected by 
the qualified voters of the town. There are usually 
two or three justices, but in some States there is 



46 THE TOWNSHIP OR TOWN. 

only one in each township. The term of office is 
one, two, three, four, or more years, varying in dif- 
ferent States. Justices preside in the justice's court 
to hear and determine suits at law. " This is the 
humblest court in the land, the court of greatest 
antiquity, and the court upon which all other courts 
are founded/' ** The justice's court tries petty 
offences and civil suits for small amounts. In some 
States the justices preside at the town meetings, and 
in others they perform the duties of coroner in the 
township. 

SUGGESTIVE QUESTIONS. 

1. Has this State the township system ? If so, give the name 
and number of your township. 

2. How does the township system provide a convenient 
means of ascertaining and of executing the people's will ? 

3. Why is the people's power greater when the government 
is near ? 

4. Why can the community manage its own affairs better 
than any other agency can manage them ? 

5. How do people secure their rights ? 

6. What is meant by falling under the censure of the law ? 

7. What is a naturalized person ? 

8. Is it right for subjects of foreign governments to vote ? 
Why? 

9. Is it right for women to vote in municipal elections ? 

10. Why is suffrage the basis of all free government ? 

11. What is a more severe penalty than imprisonment ? 

12. How can people serve the country ? 

13. What is a good citizen ? 

14. Why is a bad vote an attack on the rights of the people ? 

15. What other laws than those made by the legislative 

* Thorpe's Civil Government. 



SUGGESTIVE QUESTIONS, 47 

department of the township does the executive department 
enforce ? 

16. How do you like the New England town meeting ? 
Why? 

17. Name some duties that belong to the executive depart- 
ment. 

18. What is a poll-list ? 

19. What are the duties of judges of election ? 

20. Of what use is a record of marriages, births, and deaths ? 

21. What is meant by license-fees ? 

22. What persons are subject to taxation ? 

23. What is a poll-tax, and is it right ? Why ? 

24. Who are subject to road duty in this State ? 

25. Give the names of the officers of this township. 

QUESTION FOR DEBATE. 

Resolved, That the town meeting is the best system of local 
government yet devised. 



CHAPTER V. 
THE COUNTY. 

Introductory. — The county is a political division 
of the State, and is composed of civil districts or of 
townships. It bears the name of county in all parts 
of the country except in Louisiana, where a similar 
organization is known as a parish. In New England 
the county has less power than the town ; in the 
Western States it has more than the township ; and 
in the Southern States it has far more than the civil 
district, being there the unit of political influence. 

Purposes. — The county organization brings jus- 
tice near the people, enables them to attend to local 
affairs too extensive for a smaller community, and 
affords a medium by which they may transact busi- 
ness with the State. It serves as a convenient basis 
of apportioning members of the legislature among 
the people. It maintains local officers, such as sheriff 
and prosecuting attorney, whose duties would be too 
narrow if confined to a township. It secures a com- 
petent and higher tribunal than the justice's court 
for the trial of suits at law. This was the original 
purpose, and is still the controlling reason for the 
division of the States into counties. 

Formation, Area. — Counties are formed, their 

rights are conferred, and their duties imposed, by act 

of the State legislature. In most States counties 

vary greatly in shape and size, but in some of the 

(48) 



COUNTY GOVERNMENT. 



49 



Western States they have a regular form. The aver- 
age area of counties in the United States is eight 
hundred and thirty square miles ; the average area 
of those east of the Mississippi River is only three 
hundred and eighty square miles. 

County Seat. — The county government resides at 
the county seat, county town, or shire town, as it is 
variously called. The court-house, the jail, the pub- 
lic offices, and sometimes other county buildings are 
located at the county seat. Here are kept the records 
of the courts ; also, usually copies of the deeds, wills, 
mortgages, and other important papers of the people. 

COUNTY GOVERNMENT. 

The county, like the United States, the State, and 
the township, has a republican form of government; 
that is, it is governed by representatives elected by 
the people. In nearly all States the county govern- 
ment has three departments, legislative, executive, 
and judicial ; but the functions of making, of execut- 
ing, and of explaining the laws, are not always kept 
separate and distinct. In a few States the county 
does not have a judicial department. 

Officers. — County officers and township officers 
have duties similar in kind, but the former have 
charge of the larger interests. The usual officers of 
the county are the commissioners or supervisors, the 
county attorney or prosecuting attorney, the county 
superintendent of schools or school commissioner, 
the sheriff, the treasurer, the auditor, the county 
clerk or common pleas clerk, the surveyor, the coro- 
ner, and the county judge and surrogate, or probate 

Pet. C. Go. — 4 



5o 



THE COUNTY. 



judge. In the counties of many States one or more 
of these officers are lacking, and others have different 
names from those here given. In the Western and 
the Southern States county officers are elected by 
the direct vote of the people ; in most of the New 
England States some of them are chosen in other 
ways. The terms of county officers vary in different 
parts of the Union, being usually two, three, or four 
years ; but in some States certain officers are elected 
for a longer term. 

Legislative Department : County Commission- 
ers, or Board of Supervisors. — In most States the 
public interests of the county are intrusted to a board 
of officers, three or five in number, called county 
commissioners. In some States the board consists 
of one or more supervisors from each township, and 
is called the board of supervisors. In a few States 
the board consists of all the justices of the county, 
with the county judge as presiding officer. 

The county commissioners, or board of supervis- 
ors, have charge of the county property, such as the 
court-house, the jail, and the county infirmary; make 
orders and raise funds for the erection of county 
buildings, and for the construction and improvement 
of highways and bridges ; provide polling-places ; 
make appropriations of money for public purposes; 
and act as the chief agents of the county in its cor- 
porate capacity. In some States they fix the salaries 
of county officers ; in others they have power to form 
new townships and to change the township bounda- 
ries. In several States the functions of the board 
are almost wholly executive. 



COUNTY GOVERNMENT, ^\ 

Executive Department : County Attorneys, or 
Prosecuting Attorneys. — The county attorney, or 
prosecuting attorney, is the county's counsellor at 
law, and when requested gives legal advice to all 
the county officers. It is his duty to prosecute the 
accused in the trial of crimes and offences, in the 
justice's court, the county court, and in some States 
in the circuit court or district court ; to represent 
the county in all civil suits to which it is a party ; 
and to act for it in all cases in which its legal inter- 
ests are involved. 

County Superintendent of Schools. — In some 
States there is no county superintendent of schools. 
In most States there is such an officer elected by the 
township school directors or by the people of the 
county, or appointed by the State superintendent of 
public instruction. In a few States the county is 
divided into two or more districts, each having a 
commissioner of schools. 

The county superintendent, or school commission- 
er, is the chief school officer of the county. He ad- 
ministers the public school system, condemns unfit 
school-houses and orders others built, examines 
teachers and grants certificates, holds teachers' insti- 
tutes, visits and directs the schools, instructs teachers 
in their duties, interests the people in education, and 
reports the condition of the schools to the State 
superintendent of public instruction. He is one of 
the most important officers of the county, a capable 
administration of his duties being of the greatest 
benefit to the whole people. 

Sheriff. — " The sheriff is the guardian of the peace 



52 



THE COUNTY. 



of the county and the executive officer of its courts."* 
He preserves the peace, arrests persons charged with 
crime, serves writs and other processes in both civil 
and criminal cases, makes proclamation of all elec- 
tions, summons jurors, and ministers to the courts 
of his county. In States having no county jailer, 
the sheriff has charge of the prisons and prisoners, 
and is responsible for their safe-keeping. When per- 
sons refuse to pay their taxes, he seizes and sells 
enough property to pay the sum assessed ; and in 
some States he is the collector of all State and 
county revenue. 

County Treasurer. — The duties of the treasurer 
are indicated by the title of his office. He receives 
all county taxes, licenses, and other money paid into 
the county treasury. In most States he is custodian 
of the county's financial records, and of the tax-col- 
lector's books, and in others he collects all the taxes 
assessed in the county. He gives bond for the faith- 
ful performance of his duties, and pays out funds 
upon the warrant of the county commissioners. In 
most States having no county treasurer, the sheriff 
is keeper of the public money. 

Auditor. — The auditor is the guardian of the 
county's financial interests. He examines the books 
and papers of officers who receive or disburse county 
funds ; keeps a record of receipts and expenditures ; 
draws all warrants for the payment of public money ; 
and publishes a report of the county's financial trans- 
actions. In some States he receives the assessor's 

* Thorpe's Civil Government. 



COUNTY GOVERNMENT. 53 

returns, apportions taxes among the people, and pre- 
pares the tax-collector's duplicate list. In States 
having no county auditor, these duties are performed 
by other officers. 

County Clerk, or Common Pleas Clerk. — The 
county clerk, or common pleas clerk, is the recording 
officer of the county court, or probate court, and in 
some States of the circuit court. He issues writs, 
preserves papers, and records judgments. In many 
States he issues licenses, preserves election returns, 
and records wills, deeds, mortgages, and other im- 
portant papers. 

Recorder, or Register. — In many States the 
county has a recorder, or register, instead of the county 
clerk, and in some States it has both. The recorder, 
or register, makes a record in books kept for that 
purpose, of wills, deeds, mortgages, village plats, and 
powers of attorney. Some of these instruments must 
be recorded in order to make them valid in law. In 
some States having no recorder, these duties are 
performed by the township clerk, and in others by 
the county clerk. 

Surveyor. — The county surveyor, or engineer, sur- 
veys tracts of land to locate lines, determine areas, 
and to settle conflicting claims. In some States his 
services are frequently needed in the transfer of real 
estate. In most States he makes plots of surveys, 
issues maps of the county, and has charge of the con- 
struction of roads and bridges. 

Coroner. — The coroner investigates the death of 
persons who have died by violence, or in prison, or 
from causes unknown. He receives notice of the 



54 



THE COUNTY. 



death; a jury is summoned; witnesses testify; and 
the jury renders a verdict in writing, stating the cause 
and the manner of the death. This inquiry is known 
as the coroner 's inquest. In some States when the office 
of sheriff is vacant, the coroner performs the duties. 

Other Officers. — In some States there are super- 
intendents of the poor, or infirmary directors, who 
have charge of the county infirmary in which the 
dependent poor are maintained ; in others the town- 
ship overseers of the poor support these unfortu- 
nates with funds furnished for that purpose by the 
county. In some States there is a collector who col- 
lects all the taxes of the county; a county jailer who 
holds prisoners in custody and has charge of the 
county buildings, under the commissioners' direc- 
tions ; and also a circuit clerk, or district clerk, who 
is the recording officer of the circuit court, or dis- 
trict court as it is often called. 

Judicial Department : County Judge or Pro- 
bate Judge. — The judicial power of the county is 
vested in the county judge, or probate judge, who in 
many States is its most prominent and important 
officer. He has jurisdiction of wills and estates, ap- 
points administrators and guardians, and settles their 
accounts. In many states he grants licenses ; pre- 
sides over the legislative body of the county ; makes 
orders opening roads and appointing overseers of 
the public highway ; appoints officers of elections ; 
holds examining trials ; sits in the county court to 
try minor offences and civil suits for small amounts ; 
and in a few States acts as county superintendent of 
schools. 



SUGGESTIVE QUESTIONS. 55 

In some States there is a probate judge, or judge 
of the orphan's court, in addition to the county judge. 

SUGGESTIVE QUESTIONS. 

1. What is meant by unit of political influence ? 

2. What affairs are too extensive for a smaller community 
than the county ? 

3. Why is the county seat so called ? 

4. State the terms and the names of the officers of this 
county. 

5. Why do the officers of the county need legal advice ? 

6. What is meant by the sheriff administering to the 
courts ? 

7. What are licenses ? 

8. Of what use is the treasurer's bond ? 

9. What is the collector's duplicate list ? 

10. What is a writ ? 

11. What is the plot of a survey ? 

12. What is a will ? an administrator ? 

13. What is an examining trial ? 

14. Do you think the county judge or probate judge should 
act as superintendent of schools ? Why ? 

QUESTION FOR DEBATE. 

Resolved, That a poll-tax is unjust. 



CHAPTER VI. 

MUNICIPAL CORPORATIONS. 

Villages, Boroughs, and Cities. — The county 
usually has within its limits villages or cities, organ- 
ized under separate and distinct governments. When 
the people become so thickly settled that the town- 
ship and county government do not meet their local 
public wants, the community is incorporated as a 
village. Villages are often called towns, and incor- 
porated as such, especially in the Southern States; 
but the word taken in this sense must not be con- 
founded with the same word, denoting a political 
division of the county in New England, New York, 
and Wisconsin. 

THE VILLAGE, OR BOROUGH. 

Incorporation. — In most States, villages, bor- 
oughs, and towns are incorporated under general 
laws made by the State legislature. A majority of 
the legal voters living within the proposed limits 
must first vote in favor of the proposition to incor- 
porate. In some States, villages are incorporated by 
special act of the legislature. 

Government Purposes. — The purposes of the 
village or borough government are few in number, 
and lie within a narrow limit. It is a corporate body, 
having the usual corporate powers. Under the vil- 
lage organization, local public works, such as streets, 
(56) 



THE VILLAGE, OR BOROUGH. 



57 



sidewalks, and bridges, are maintained more readily 
and in better condition than under the government 
of the township and county. The presence of the 
village officers tends to preserve the peace and make 
crime less frequent. 

Officers. — The usual officers of the village or bor- 
ough are the trustees or councilmen, whose duties 
are mostly legislative ; the marshal, and sometimes 
a president or mayor ; a collector and a treasurer, 
whose duties are executive ; and the recorder, or 
police judge, or justices of the peace, whose duties 
are judicial. The officers are usually elected by the 
legal voters, and serve for a term of one or two years. 
In many villages the president and the collector are 
elected by the trustees, the former from among their 
own number. 

Duties. — The trustees or council pass laws, called 
ordinances, relating to streets, fast driving, lamps, 
water-works, the police system, public parks, public 
health, and the public buildings. They appoint 
minor officers, such as clerk, regular and special 
policemen, keeper of the cemetery, and fire-wardens ; 
prescribe the duties, and fix the compensation of 
these officers. 

The president or mayor is the chief executive 
officer, and is charged with seeing that the laws are 
enforced. In villages having no president or mayor, 
this duty devolves upon the trustees. The marshal 
is a ministerial officer, with the same duties and 
often the same jurisdiction as the constable, and is 
sometimes known by that name. He preserves the 
peace, makes arrests, serves processes, and waits 



58 MUNICIPAL CORPORATIONS. 

upon the recorder's court. The collector collects 
the village taxes. The treasurer receives all village 
funds, and pays out money upon the order of the 
trustees. 

The recorder or police judge tries minor offences, 
such as breach of the peace, and holds examining 
trials of higher crimes. His jurisdiction is usually 
equal to that of justices of the peace in the same 
State. In some States the village has two justices 
of the peace instead of the recorder, these being also 
officers of the county. 

THE CITY. 

When the village, borough, or town becomes so 
large that its government does not meet the people's 
local public needs, it is incorporated as a city. Where 
the country is sparsely settled the peace is seldom 
broken, private interests do not conflict, the people's 
public needs are small, and therefore the functions 
of government are few and light. As the popu- 
lation grows dense, the public peace is oftener dis- 
turbed, crime increases, disputes about property 
arise, the public needs become numerous and im- 
portant, and the officers of the law must interfere to 
preserve order and protect the people. The fewer 
the people to the square mile, the fewer and lighter 
are the functions of government ; the more people to 
the square mile, the more and stronger must be the 
functions of government. 

Incorporation. — Cities and villages or boroughs 
differ principally in size and in the scope of their 
corporate authority. A city is larger in area and 



THE CITY. 



59 



population, and the powers and privileges of its gov- 
ernment are more extensive. In some States cities 
may be incorporated under general laws, but they 
are usually incorporated by special acts of the State 
legislature. The act or deed of incorporation is 
called the city charter. The charter names the city, 
fixes its limits, erects it as a distinct political cor- 
poration, sets forth its powers and privileges, names 
its officers, prescribes their duties, and authorizes the 
city to act as an independent government. The 
legislature may amend the charter at any time, and 
the acts and laws of the city must not conflict with 
the constitution of the State or of the United States. 

Wards. — The city is usually divided into wards 
for convenience in executing the laws, and especially 
in electing representatives in the city government. 
Wards vary greatly in area and population, and their 
number depends in a measure upon the size of the 
city. Each usually elects a member of the board of 
education, and one or more members of each branch 
of the city council. Each ward is subdivided into 
precincts for convenience in establishing polling- 
places. 

City Institutions. — Cities maintain a number of 
institutions, peculiar to themselves, for the public 
welfare. The frequency of destructive fires causes 
the formation of a fire department. A police force 
must be organized to protect life and property. A 
system of sewerage is necessary to the public health. 
There must be gas-works or electric-light works, that 
the streets may be lighted, and water-works to sup- 
ply water for public and private use. In many cities 



60 MUNICIPAL CORPORATIONS. 

gas-works and water-works are operated by private 
parties or by private corporations. 

Finances. — Each city has an independent financial 
system, which requires skillful management. The 
city borrows money, issuing interest-bearing bonds in 
payment, and engages in extensive public improve- 
ments. The large outlays for paving the streets, 
constructing water-works, laying out parks, erecting 
public buildings, and for maintaining police systems 
and fire departments, cause cities to incur debts often 
amounting to many millions of dollars. As the result 
of the greater expense of its government, and as its 
people also pay State and county taxes, the rate of 
taxation in a city is far greater than in rural districts 
and villages. 

Citizens : Rights and Duties. — The qualifications, 
the rights, and the duties of citizens of the city are 
the same as those of citizens of the township and the 
county. The qualifications of voters are also usually 
the same. The duties of voters are the same in all 
elections, whether in the school district, the civil 
district, the city, the county, the State, or the United 
States ; namely, to vote for the best men and the 
best measures. Under whatever division of govern- 
ment the people are living, they always have the 
same interest in the maintenance of order, in the 
enforcement of the laws, in the triumph of right 
principles, and in the election of good men to office. 

Government. — A city often has a more complex 
government than that of the State in which the city 
is situated. The massing of so many people, repre- 
senting so many interests, requires a government 



TITE CITY. 6 1 

with strong legislative, executive, and judicial func- 
tions. One of the great questions of our time is how 
to secure economy and efficiency in city government; 
and, as our cities are growing with great rapidity, the 
problem is daily becoming more difficult to solve. 

Officers. — The legislative power is vested in the 
city council, usually composed of the board of alder- 
men and of the common council. The executive 
authority is vested in the mayor, the city attorney 
or solicitor, the city clerk, the assessor, the collector, 
the treasurer, the city engineer or surveyor, the board 
of public works, the street commissioner, the school 
board or board of education, and the superintendent 
of schools. The judicial power is vested in the city 
court, police court, or recorder's court, as it is 
variously termed; in a number of justices' courts ; 
and in the higher courts, which are also courts of the 
county in which the city is located. The officers of 
the city are usually elected by the legal voters, but 
in some cities the collector, the city engineer, the 
street commissioner, and a number of subordinate 
officers are appointed by the mayor or city council. 
The superintendent of schools is elected by the 
school board. 

Duties. — In many small cities, and in several of 
the larger cities, such as New York, Chicago, and 
San Francisco, the council consists only of the 
board of aldermen. When the council is composed 
of two branches, a law can not be made by one of 
them alone ; it must be passed by both ; and if 
vetoed by the mayor, it must be passed again, and 
in most cities by a two thirds vote, or it is void. The 



62 MUNICIPAL CORPORATIONS. 

council makes laws, or ordinances, regulating the 
police force ; fixing the rate of city taxation ; order 
ing the issue of bonds and the construction of public 
works ; and making appropriations for public purposes. 

The mayor is the chief executive of the city. It is 
his duty to see that the laws are enforced. He ap- 
points a number of subordinate officers, and in most 
cities may veto the acts of the city council. The 
duties of the city attorney, the city clerk, the asses- 
sor, the collector, the treasurer, the school board, and 
the superintendent of schools are similar to those 
of township and county officers of the same name. 
The city engineer has charge of the construction of 
sewers and the improvement of parks. The street 
commissioner attends to the construction and repair 
of the streets, crossings, and sidewalks. There are 
a number of officers appointed by the mayor or the 
council, such as chief of police, chief of the fire 
department, and the city physician, who have duties 
connected with their special departments. 

The city judge, police judge, or recorder, has duties 
similar to those of the same officer in an incorporated 
village. Cities also have higher courts, variously 
named, whose judges have duties and jurisdiction 
equivalent to those of county officers of the same 
grade. Because offenses against the law are more 
frequent, officers are more numerous in cities than 
in the rural districts. 

SUGGESTIVE QUESTIONS. 

1. What is meant by incorporating a village ? 

2. What is a breach of the peace I 



QUESTION FOR DEBATE. 63 

3. What are polling -places ? 

4. To what State officer does the mayor of a city or town 
correspond ? 

5. Why are offenses against the laws more frequent in the 
cities than in the rural districts ? 

6. What is the largest city of this State ? Is its council com- 
posed of one body or of two ? 

QUESTION FOR DEBATE. 

Resolved, That the legislative department of a city govern- 
ment should consist of only one deliberative body. 



CHAPTER VII. 
THE STATE. 

Introductory. — After the county, the government 
nearest us is that of the State. The political divis- 
ions which we have considered are subject to the 
State, holding their powers as grants from its gov- 
ernment. The State can make and unmake them, 
and we owe them obedience because the State has 
commanded it. As we sometimes express it, the 
sovereignty or supreme sway of these local divisions 
resides in the State. 

Definition. — A State is a community of free citi- 
zens living within a territory with fixed limits, gov- 
erned by laws based upon a constitution of their 
own adoption, and possessing all governmental pow- 
ers not granted to the United States. Each State is 
a republic and maintains a republican form of gov- 
ernment, which is guaranteed by the United States. 
The State is supreme within its own sphere, but its 
authority must not conflict with that of the national 
government. A State is sometimes called a com- 
monwealth because it binds the whole people to- 
gether for their common weal or common good. 

Formation of Original States. — The thirteen 
original colonies w r ere principally settled by people 
from Europe. The colonial rights were set forth and 
boundaries fixed by charters granted by the crown of 
England. In the Declaration of Independence these 
(64) 



THE STATE. 



65 



colonies declared themselves " free and independent 
States." After the treaty of peace which acknowl- 
edged their independence, they framed and adopted 
the national constitution, and thereby became the 
United States of America. 

Admission of New States. — New States are ad- 
mitted into the Union by special acts of the Congress 
of the United States. An organized Territory hav- 
ing the necessary population sends a memorial to 
Congress asking to be admitted as a State. Con- 
gress then passes a law called an " enabling act," 
authorizing the people of the Territory to form a 
State constitution. When the people have framed 
and adopted a State constitution not in conflict with 
the Constitution of the United States, Congress 
passes another act admitting the new State into the 
Union " upon an equal footing with the original 
States in all respects whatever." Sometimes the 
enabling act provides for admission on proclamation 
of the President of the United States. Several of 
the Territories adopted State constitutions and were 
admitted as States without enabling acts. 

Purposes. — The State keeps power near the peo- 
ple, and thus makes them more secure in their liberty. 
11 The powers not granted to the United States, nor 
prohibited to the States, are reserved to the States 
respectively or to the people." If the whole country 
were a single republic without State divisions, power 
would be withdrawn from the people and become 
centralized in the national government. 

Our political system leaves the various functions 
of government to the smallest political communities 

Pet. C. G0.-5 



66 THE STATE. 

that can perform them efficiently. The county has 
charge of all public interests that can be managed by 
it as well as by the State. Many public affairs, such 
as popular education,* private corporations, and the 
organization of the smaller political divisions, can be 
better managed by the State than by the National 
Government, and are therefore properly left to the 
State's direction. 

Parts of the country widely separated differ in 
climate and soil, giving rise to different industries 
and occupations, which require different laws, made 
and administered by different States. The State 
serves as a convenient basis for the apportionment 
of members of both houses of Congress, and State 
institutions preserve and develop the local individu- 
ality and self-reliance of the people. 

Functions. — The functions of the State are very 
extensive, including the greater part of those acts 
of government which preserve society by affording 
security to life, liberty, property, and the pursuit of 
happiness. 

The State government touches the citizens at most 
points ; that is, all those laws that concern the body 
of the people in their ordinary daily life are made 
and enforced by the State, or by the smaller political 
divisions of the State, acting under the State's direc- 

* Popular education must command the sympathy and respect of 
the people in each locality in order to remain '* popular." While the 
State, therefore, enforces a general system of public schools, it leaves 
all the details of local management with the people most closely 
related to the particular school. The people esteem that which they 
create and control. 



CITIZENS. 67 

tions. Officers discharge their duties, arrests are 
made, courts are held, offenders are punished, justice 
is meted out, and taxes are collected, by the authority 
of the State. 

The National Government has similar functions to 
perform in every part of the country, but they are 
far less frequent than those of the State. 

Institutions. — The State maintains a number of 
charitable and other institutions for the public wel- 
fare. It makes appropriations of land or money for 
the support of asylums, prisons, reformatories, scien- 
tific institutions, schools, colleges, and universities. 
The support of these institutions, the payment of 
salaries, the administration of justice, and the con- 
duct of other public interests, involve large annual 
expenditures, often amounting to several millions of 
dollars. 

CITIZENS. 

The citizens of a State are the people who live in 
it, whether natives of the United States, or foreigners 
who have been adopted. Persons who are citizens 
of the United States are thereby citizens of the State 
in which they reside. They have all the rights that 
freemen can possess, and enjoy a larger freedom than 
do the people of any other country. 

The legal voters, often called electors, are the male 
citizens who have resided in the State, the county, 
and the township, or voting precinct, the time re- 
quired by law to entitle them to vote. The length 
of residence required in the State varies, being two 
years in some, six months in others, and one year 



68 THE STATE. 

in most States. Several States permit citizens of 
foreign countries to vote, and a few permit women 
to vote. 

Rights. — Every citizen has the right to be secure 
in his person ; to be free from attack and annoyance ; 
to go when and where he may choose ; to keep, 
enjoy, and dispose of his property ; and to provide 
in his own way for the welfare of himself and of 
those dependent upon him. 

The rights of the people are set forth at length 
and with great precision in a portion of the State 
constitution called the Bill of Rights. These rights 
must be exercised under the restrictions of the law, 
and with due regard for the same rights held by others. 

The legal voters have the right to vote in all local, 
State, and national elections. They are voters in 
national elections by virtue of being voters in State 
elections. The right to vote implies the right to be 
voted for, and the right to hold office ; but for many 
officers the State requires a longer residence and 
other qualifications than those prescribed for voters. 

Duties. — For every right, the people have a cor- 
responding duty ; and for every privilege they enjoy, 
there is a trust for them to discharge. The large 
personal freedom possessed by the American citizens 
imposes equally as large public responsibilities. It 
is the duty of every citizen to obey the law, to aid 
in securing justice, to respect authority, to love his 
country, and to labor for the public good. No one 
can be a useful member of society unless he respects 
the laws and institutions of the land. The people 
themselves have established this government, both 



CONSTITUTION. 



6 9 



State and national ; it exists for them, and therefore 
they owe it honor and obedience. 

It is the duty of every voter to study the interests 
of the country, and to vote for men and measures 
that, in his opinion, will best " promote the general 
welfare." In this country, government is intrusted 
to the whole people, and they can govern only by 
expressing their will in elections. Therefore the 
majority must rule. The majority will sometimes 
make mistakes, but these will be corrected after a time. 

In order that good government may ensue, good 
men must take part in elections. The privilege of 
suffrage is conferred upon an implied contract that 
it will be used for the public good. He who fails to 
vote when he can, fails to perform his part of the 
contract, fails to fulfill his promise, and fails to re- 
spect the government that protects him. 

CONSTITUTION. 

The constitution is often called the supreme law 
of the State. In other words, it is the supreme act 
of the people, for the purpose of organizing them- 
selves as a body politic, of formulating their govern- 
ment, and of fixing the limits of its power. It is 
a contract between the whole society as a political 
body, and each of its members. Each binds himself 
to the whole body, and the whole body binds itself 
to each, in order that all may be governed by the 
same laws for the common good. The constitution 
of each State is a written instrument, modeled after 
the Constitution of the United States, with which it 
must not conflict. 



70 THE STATE. 

The constitutions of England and most other 
countries of Europe are unwritten. They consist of 
the common usages and maxims that have become 
fixed by long experience. In those countries, when a 
new political custom grows into common practice it 
thereby becomes a part of the national constitution. 

Formation and Adoption. — As the whole people 
can not assemble in one place to frame and adopt a 
constitution, they elect delegates to a constitutional 
convention. The convention usually meets at the 
capital, deliberates, frames articles for a proposed 
constitution, and in nearly all cases submits them to 
the people. The people make known their will in 
a general election, and if a majority vote in favor 
of adopting the proposed constitution, it becomes 
the constitution of«the State. If the proposed con- 
stitution is rejected, another convention must be 
called to propose other articles to be voted upon by 
the people. 

Purposes. — The purposes of the constitution are 
to guard the rights of the people, to protect the liber- 
ties of the minority, to grant authority to the gov- 
ernment, to separate the functions of the three depart- 
ments, to prescribe the limits of each, and to fix in 
the public policy those maxims of political wisdom 
that have been sanctioned by time. 

The special tendency in recent amendments of 
State constitutions has been to limit the power of the 
legislature. Constitutions, like other political institu- 
tions, are largely matters of growth, and from time to 
time must be revised to meet the changing wants of 
society. For this purpose the constitution of almost 



CONSTITUTION. 



7* 



every State contains a provision, called the open clause, 
which authorizes the legislature, under certain re- 
strictions, to propose amendments to the constitution 
to be adopted or rejected by a vote of the people. 

Value. — The people of any State may, at their 
pleasure, frame and adopt a new constitution, which 
must be in harmony with the Constitution of the 
United States. The right to make their own consti- 
tution is one of the highest and most important rights 
that freemen can possess. It is in this and in the 
right of suffrage that their freedom principally con- 
sists. 

The constitution protects the people by prescribing 
the limits of official authority. The legislature can 
not legally pass a law which the constitution of the 
State forbids, and when such a law is passed it is 
declared unconstitutional by the State courts. A 
provision of a State constitution becomes void when 
declared by the supreme court of the United States 
to be in conflict with the national Constitution. 

Contents. — The constitutions of the several States 
are based upon the Constitution of the United States 
as a model, and are therefore much alike in their gen- 
eral provisions. Each contains : 

A preamble setting forth the purposes of the con- 
stitution ; 

A lengthy declaration called the bill of rights. 

Provisions for distributing the powers of govern- 
ment into three departments ; and 

Articles relating to suffrage, debt, taxation, corpo- 
rations, public schools, militia, amendments, and 
other public affairs, 



72 



THE STATS. 



BILL OF RIGHTS. 



The bill of rights usually declares various rights of 
the citizen which may be classified under the heads 
of republican principles, personal security, private 
property, freedom of conscience, freedom of speech 
and of the press, freedom of assembly, and freedom 
from military tyranny. 

Republican Principles. — Under this head the bill 
declares : 

That all power is inherent in the people ; 

That governments exist for their good, and by 

their consent ; 
That all freemen are equal ; 
That no title of nobility shall be conferred ; 
That exclusive privileges shall not be granted 

except in consideration of public services ; 
That all elections shall be free and equal. 
Personal Security. — In the interests of the per- 
sonal security of the citizen it is provided : 

That the people shall be secure in their persons, 
houses, papers, and possessions, from unreason- 
able seizures and searches ; 
That warrants to seize and to search persons and 
things must describe them by oath or affirma- 
tion ; 
That there shall be no imprisonment for debt, 

except in cases of fraud. 
Private Property. — To secure the rights of pri- 
vate property, the bill declares : 

That private property shall not be taken for public 
use without just compensation ; 



BILL OF RIGHTS. 



73 



And, in some States, that long leases of agricultural 

lands shall not be made. 
Freedom of Conscience. — To induce the en- 
tire freedom of conscience of the citizen it is de- 
clared : 

That there shall be perfect religious freedom, but 

not covering immoral practices ; 
That there shall be no State church ; 
That no religious test shall be required for perform- 
ing any public function ; 
That the rights of conscience are free from human 

control. 
Freedom of Speech and of the Press. — To main- 
tain the rightful freedom of the press, the bill guar- 
antees : 

That printing-presses may be used by all ; 

That every citizen may freely speak, write, and print 

upon any subject — being responsible for the 

abuse of the right. 
Freedom of Assembly. — The right of assembly 
is secured by the provision : 

That the people may peaceably assemble for the 

public good, to discuss questions of public 

interest ; and 
That they may petition the government for redress 

of grievances. 
Freedom from Military Tyranny. — To guard 
against abuses by the military, it is declared : 

That the military shall be in strict subordination 

to the civil power ; 
That no standing army shall be maintained in time 

of peace ; 



74 THE STATE. 

That in time of peace no soldier shall be quartered 
in any house without the owner's consent ; 

That the right of people to bear arms shall not be 
questioned. This does not authorize the carry- 
ing of concealed weapons. 

Forbidden Laws. — To insure the people against 
improper legislation, the bill of rights provides : 

That no ex post facto law or law impairing the 
validity of contracts, shall be made ; 

That no bill of attainder shall be passed ; 

That no power of suspending laws shall be exer- 
cised except by the legislature. 

Rights of the Accused. — Among the worst abuses 
of tyranny in all ages have been the corruption of the 
courts and the denial of the rights of common justice. 
To guard against these it is expressly provided : 

That the writ of habeas corpus shall not be sus- 
pended except when, in cases of rebellion or 
invasion, the public safety may require it ; 

That, except in capital cases, persons charged with 
crime may give bail ; 

That no excessive bail shall be required ; 

That all courts shall be open ; 

That the accused shall have a speedy trial in the 
district in which the offense was committed ; 

That the ancient mode of trial by jury shall be 
maintained ; but civil suits, by consent of the 
parties, may be tried without a jury; 

That all persons injured in lands, goods, person, or 
reputation shall have remedy by course of law ; 

That the accused shall be informed of the nature 
of the charges against him ; 



BILL OF RIGHTS. 



75 



That he shall be confronted by the witnesses 
against him ; 

That he shall be heard in his own defense, and 
may have the benefit of counsel ; 

That he shall not be required to testify against him- 
self; 

That he shall not be deprived of life, liberty, or 
property except by due process of law ; 

That no cruel or unusual punishment shall be in- 
flicted ; 

That no one shall be twice placed in jeopardy for 
the same offense. 

No citizen of the United States would deny the 
justice of these declarations. They are so reasona- 
ble it seems strange that they should ever have been 
questioned. " But in enumerating them we are 
treading on sacred ground. Their establishment cost 
our ancestors hundreds of years of struggle against 
arbitrary power, in which they gave their blood and 
treasure. M * 

It was to secure and maintain a part of these rights 
that the American colonies went to war with Great 
Britain, and made good their Declaration of Inde- 
pendence by an appeal to arms. 

Most of these rights are preserved in the Constitu- 
tion of the United States, to prevent encroachments 
upon the liberties of the people by the General Gov- 
ernment. They are repeated in the State constitu- 
tion in order that they may not be invaded by the 
State Government. There is also a provision in the 

* McCleary's Studies in Civics. 



y6 THE STATE. 

constitution of the State which declares that u the 
enumeration of certain rights shall not be con- 
strued to deny or disparage others retained by the 
people/' 

SUGGESTIVE QUESTIONS. 

i. Why are the smaller political communities subject to the 
State ? 

2. Give the names of the thirteen original States. 

3. What is meant by States having different industries and 
occupations ? 

4. How do State institutions develop the self-reliance of the 
people ? 

5. Name some acts of government which you have seen the 
State perform. 

6. What are charitable institutions ? 

7. How is justice administered ? 

8. Wherein are the people of this country freer than other 
people ? 

9. How long must a person live in this State to entitle him 
to vote ? 

10. What is meant by being secure in person ? 

11. Read the bill of rights in the constitution of your State. 

12. What is a body politic ? 

13. Why can not the whole people assemble to form a State 
constitution ? 

14. What is meant by taking private property for public 
use ? 

15. How may the right to speak and print be abused ? 

16. What is meant by the military being subordinate to the 
civil power ? 

17. Are all cases tried by jury ? 

QUESTION FOR DEBATE. 

Resolved, That there should be an educational qualification 
for suffrage. 



CHAPTER VIII. 

THE ST ATE— ( Continued). 

Government Departments. — The State govern- 
ment is based upon the State constitution. It has a 
legislative department charged with the making of 
the laws, an executive department to enforce the 
laws, and a judicial department to explain and apply 
the laws. Each of the departments is independent 
of the others, being supreme within its own sphere. 

The American people believe that the functions 
of making, of enforcing, and of explaining the laws, 
should forever be separate and distinct. Experience 
has shown that it is dangerous to the liberties of the 
people to permit either of the three departments of 
government to trespass upon the functions of the 
others. Therefore, the limits of each department 
are well defined, and its power closely guarded, by 
the constitution and laws of the State. 

LEGISLATIVE DEPARTMENT. 

The legislative or law-making power of the State is 
vested in the legislature, sometimes called the gen- 
eral assembly, and in some States known as the gen- 
eral court, or legislative assembly. The legislature 
is composed of two bodies, or houses, called respect- 
ively the Senate and the House of Representatives. 
In New York the latter body is known as the Assem- 
bly, in New Jersey it is called the General Assembly 

(77) 



78 



THE STATE. 



and in some States the House of Delegates. A 
bill must be passed by both branches of the legis- 
lature in order to become a law. The proceedings of 
the legislature should be made public, and therefore 
the sessions are open, and the constitution requires 
each house to keep and publish a daily record, called 
the Journal. 

Qualifications. — The State constitution prescribes 
the age, the length of residence, and other legal quali- 
fications for membership in each branch of the legis- 
lature. The constitutions of most States fix a longer 
term of office and require a more mature age for sena- 
tors than for representatives. In addition to these 
legal qualifications a legislator should be a man of 
unswerving honesty, of broad information, of close 
thought, well versed in the principles of government, 
acquainted with the needs of the country, and faith- 
ful to the interests of the whole people. 

Privileges. — Each branch of the legislature con- 
sists of members elected by the people. Senators 
and representatives are responsible for their official 
acts to the people, and to the people alone. Except 
for treason, felony, and breach of the peace, members 
of the legislature are privileged from arrest while 
attending the sessions of their respective houses, and 
while going thereto and returning therefrom. For 
any speech or debate in either house, a member 
thereof can not be questioned in any other place. 

Each house adopts rules for its own government. 
Each house also elects its own officers, except that 
in most States the people elect a lieutenant-governor, 
who is also president of the Senate. These various 



LEGISLATIVE DEPARTMENT. 79 

privileges are granted in the State constitution in 
order that the actions of the legislature may be free 
from all outside influences. 

Power. — The constitution of the State defines the 
limits of the power vested in the legislative depart- 
ment. The legislature may enact any law not for- 
bidden by the Constitution of the State or of the 
United States. Every act passed is binding upon 
the people unless it is declared by the courts to be 
unconstitutional. An act of the legislature, when 
declared to be unconstitutional, thereby becomes 
void ; that is, it ceases to have any legal force. 

Sessions. — The legislature meets at the State 
capitol. In a few States the legislature holds annual 
sessions, but in far the greater number it meets bien- 
nially ; that is, once every two years. In many 
States the constitution limits the session to a certain 
number of days, but in a few of these States the 
legislature may extend its session by a special vote 
of two-thirds of each house. A majority constitutes 
a quorum for business, but a smaller number may 
meet and adjourn from day to day in order that the 
organization may not be lost. 

Functions. — The legislature enacts laws upon a 
great variety of subjects. It fixes the rate of State 
taxation, it provides for the collection and distribu- 
tion of State revenue, creates offices and fixes salaries, 
provides for a system of popular education, and makes 
laws relating to public works, the administration of 
justice, the conduct of elections, the management 
of railways and other corporations, the maintenance 
of charitable and other institutions, the construction 



80 THE STATE. 

and repair of public roads, the organization of the 

militia, the conduct of prisons and reformatories, and 

a number of other public interests. 

Forbidden Powers. — The Constitution of the 

United States forbids any State to exercise certain 

powers : 

(i) No State can enter into any treaty, alliance, 
confederation, contract, or agreement with any 
other State, or with a foreign power ; issue com- 
missions to vessels authorizing them to capture 
and destroy the merchant ships of other nations ; 
coin money ; issue paper money ; make any thing 
but gold and silver coin a legal tender for the 
payment of debts ; pass any bill inflicting the 
penalty of death without a regular trial, or any 
law fixing a penalty for acts done before its 
adoption, or any law affecting the provisions of 
contracts made before its passage ; or grant any 
title of nobility. 

(2) No State can, without the consent of Congress, 
lay a tax or duty on imports or exports, except 
what is necessary in executing its inspection 
laws. The net proceeds of all duties laid by any 
State for this purpose must be paid into the 
treasury of the United States ; and all such laws 
are subject to the revision and control of Con- 
gress. Without the consent of Congress, no 
State can tax ships, keep troops or ships of war 
in time of peace, or engage in war unless 
invaded or in imminent danger. 

(3) " No State shall make or enforce any law which 
shall abridge the privileges or immunities of citi- 



LEGISLATIVE DEPARTMENT. 8i 

zens of the United States ; nor shall any State 
deprive any person of life, liberty, or property 
without due process of law, nor deny to any 
person within its jurisdiction the equal protec- 
tion of the laws." 
(4) "[No] State shall assume or pay any debt or 
obligation incurred in aid of insurrection or 
rebellion against the United States, or any 
claim for loss or emancipation of any slave." 
The Senate. — The Senate is a less numerous body 
than the House of Representatives. The presiding 
officer is addressed as " Mr. President" or " Mr. 
Speaker," the title varying in different States. There 
is also a chief clerk, with assistants, who keeps the 
records ; a sergeant-at-arms, who preserves order on 
the floor ; a doorkeeper, who has charge of the senate 
chamber and its entrances, and a number of subor- 
dinate officers. 

The Senate has two functions not belonging to the 
House of Representatives: 1. When the governor 
nominates persons for appointment as officers of the 
State, unless the Senate advises and consents to the 
nominations, the appointments are void ; 2. When 
the House of Representatives presents articles of 
impeachment against an officer of the State, the 
Senate sits as a court to try the charges. 

House of Representatives. — The House of Rep- 
resentatives is often called the popular branch of 
the legislature. It is sometimes designated as the 
" House." The title of the presiding officer is " Mr. 
Speaker." The other officers usually have the same 
titles and duties as those of the Senate. 

Pet. C. Go.— 6 



82 THE STATE. 

In most States bills raising revenue, and in some 
States bills making appropriations, must originate 
in the House of Representatives. This body also 
has the sole power of impeachment. Usually when 
charges affecting the official conduct of an officer 
of the State are brought before the legislature, the 
House of Representatives appoints a committee to 
investigate the charges and report. If the report 
warrants further action, the House adopts charges 
of official misconduct, or of high crimes and mis- 
demeanors in office. This proceeding is called an 
impeachment. 

The Senate sits as a court of impeachment, hears 
the evidence, listens to the argument by the man- 
agers and the counsel for the accused, and then con- 
demns or acquits. The judgment in cases of im- 
peachment is removal from office and disqualification 
to hold any office of honor, trust, or profit under the 
State. 

SUGGESTIVE QUESTIONS. 

1. Why is the State legislature composed of two houses ? 

2. Why should the proceedings of the legislature be 
public ? 

3. Why should senators and representatives be free from 
arrest while discharging their public duties ? 

4. How often does the legislature of this State meet ? 

5. What is the limit of its session ? 

6. Can its session be extended ? 

7. What is a reformatory ? 

8. What are the age and number of years of residence 
required of a State senator in this State ? Who is the senator 
from this district ? 

9. What is a bill for raising revenue ? 



QUESTION FOR DEBATE. 83 

10. What are the age and number of years of residence 
required of a representative in this State ? Who is the repre- 
sentative from this district ? 

QUESTION FOR. DEBATE. 

Resolved, That a State legislature should not have more 
than forty senators and one hundred representatives. 



CHAPTER IX. 

THE S'SATE— (Continued). 

When the laws are enacted it becomes necessary 
that some one be charged with seeing that they are 
duly executed and obeyed. The people's representa- 
tives in the legislative department make the laws. 
The people's servants in the executive department 
execute the laws. 

EXECUTIVE DEPARTMENT. 

The chief executive officers of the State are the 
governor, the lieutenant-governor, the secretary of 
state, the auditor or comptroller, the treasurer, the 
attorney-general, and the superintendent of public 
instruction, who, in most States, are elected by the 
people. Besides these, an adjutant-general, a com- 
missioner of agriculture, a commissioner of insurance, 
railway commissioners, a register of the land office 
or land commissioner, and in some States other sub- 
ordinate officers, are usually appointed by the gov- 
ernor, and confirmed by the Senate. 

The higher State offices are provided for^in the 
constitution, while the subordinate offices are created 
by act of the legislature. Several States have no 
lieutenant-governor; in some the secretary of state 
and the superintendent of public instruction are ap- 
pointed by the governor, and in others some of the 
subordinate officers are elected by the people. The 
(84) 



EXECUTIVE DEPARTMENT. 85 

titles of many of these officers vary in different 
States. 

The terms of the State officers elected by the peo- 
ple are usually alike in the same State, but in some 
States there are differences. In several States the 
terms of the auditor and the treasurer are less than 
those of the other officers. 

Governor : Term, Qualifications. — The supreme 
executive authority is vested in the governor, who 
is therefore sometimes called the chief executive of 
the State. His position is one of great dignity and 
influence. 

The term of office is one, two, three, or four years, 
varying in different States, and in some the consti- 
tution prohibits any person from serving two terms 
in succession. 

The legal qualifications of the office of governor 
vary in different States. He must be a citizen of 
the United States ; must have resided in the State at 
least a fixed term of years ; must not be under a cer- 
tain age, usually thirty years ; and in some States 
must own property of a given value. 

Powers, Duties. — The governor is commander-in- 
chief of the military forces of the State, and repre- 
sents it in its dealings with other States. He may 
call on all other executive officers for written infor- 
mation concerning their respective duties. He is 
presumed to be well informed upon the affairs of the 
people, and is therefore required to give the legisla- 
ture information as to the condition of the State, 
and to recommend the passage of such laws as he 
deems proper and expedient. 



86 THE STATE. 

The governor may call special meetings of the 
legislature to consider questions of great and imme- 
diate public concern. At the opening of each session 
he addresses a regular message to the legislature, and 
from time to time submits special messages upon 
various subjects. 

All acts of the legislature are presented for his 
approval and signature. If he approves and signs 
them, they become laws ; if he retains them for ten 
days without signing them, they become laws with- 
out his signature ; if he refuses to approve them, he 
returns them within the ten days to the house in 
which they originated, with a statement of his objec- 
tions. 

This action is called a. veto, and the vetoed measure, 
in order to become a law, must pass both houses 
again, and in some States must secure a two thirds 
vote of each house. 

The governor may grant reprieves and pardons, 
except in cases of impeachment, and in some States, 
of treason. In some States this power is limited by a 
board of pardons, which must recommend a pardon 
before it can be granted by the governor ; and in 
others the consent of one branch of the legislature 
must be obtained. 

Treason against the States consists in an open or 
overt act of (i levying war against them, or in adher- 
ing to their enemies, giving them aid and comfort." 

To reprieve is to delay or postpone for a time the 
execution of the sentence of death upon a criminal. 

To pardon is to annul a sentence by forgiving the 
offense against the law, and by releasing the offender. 



EXECUTIVE DEPARTMENT. 87 

The governor may also commute the sentence of 
an offender by exchanging the penalty for one less 
severe. 

Lieutenant-Governor. — The term and qualifica- 
tions of the lieutenant-governor are the same as those 
of the governor. The lieutenant-governor is also 
president or speaker of the Senate, but votes only in 
case of a tie. In States having no lieutenant-gov- 
ernor, the Senate elects its presiding officer. 

In case of the death or resignation of the governor, 
the lieutenant-governor becomes governor of the 
State. In States having no lieutenant-governor, 
special laws provide for filling vacancies in the office 
of governor. 

When the chief executive is absent from the State, 
or disabled, the lieutenant-governor performs the 
duties of the office. 

Secretary of State. — The secretary of state is the 
keeper of all State papers, and usually of the great 
seal of the State. In some States he is ex officio 
auditor. He keeps a record of the proceedings and 
acts of the legislature and of the executive depart- 
ment of the State government. 

He certifies to the correctness of State documents 
and commissions, indexes the laws, and attends to 
their printing and distribution, except in States 
having a superintendent of printing. He receives 
and preserves the returns of elections, and in some 
States has charge of the State buildings at the 
capital. 

Auditor, or Comptroller. — The auditor is the 
financial agent of the State, and in some States acts 



88 THE STATE. 

as register of the land office, and in others as com- 
missioner of insurance. He is also the State's book- 
keeper, and attends to the collection of its revenue. 
He examines and adjusts claims and accounts against 
the State, and orders the payment of such as he 
approves. He receives moneys paid to the State, 
deposits them with the treasurer, and takes receipt 
therefor. No funds can be paid out of the State 
treasury except upon the auditor's warrant. He 
makes an annual or biennial report, showing the 
financial condition of the State. In some States 
having no auditor, these various duties fall to other 
officers, chiefly to the secretary of state. 

Treasurer. — The treasurer is custodian of the 
funds of the State. He receives the State's revenues 
from the auditor, and pays them out only upon the 
auditor's warrant, keeping an accurate account of all 
sums paid. The treasurer and the auditor (and also 
the secretary of state when he handles State funds) 
give heavy bonds for the faithful performance of 
their duties. 

Attorney-General. — The attorney-general is a 
lawyer who acts as attorney for the State in law 
cases to which the State is a party. His duties per- 
tain chiefly to the higher courts of the State. He is 
the legal adviser of the State officers, and, when 
requested by them, gives opinions upon points of law. 

He prosecutes persons who are indebted to the 
State, and assists in bringing to justice those charged 
with crime. He represents the State in its legal 
business in the supreme court at Washington, and in 
the other courts of the United States. 



EXECUTIVE DEPARTMENT, 89 

Superintendent of Public Instruction. — The 

superintendent of public instruction has charge of 
the public school system, and thus superintends one 
of the largest interests of the State. He has the 
general management of State teachers' institutes, 
and in some States he has an official connection with 
the State university and the State normal schools, 
either as a member of the faculty or as president or 
secretary of the board of trustees. 

He is an officer of, and usually president of, the 
State board of education, a body generally consisting 
of from three to seven members, and in most States 
composed, in part, of other high officers of the State. 
The State board of education decides questions of 
school law, and performs other important duties 
varying in different States. 

The superintendent of public instruction makes an 
annual or biennial report to the legislature, showing 
the condition of the public schools and suggesting 
amendments to the system. In many States the 
superintendent is elected by the people ; in some he 
is appointed by the governor ; in others he is elected 
by the State board of education, and, as president or 
secretary of that board, is ex officio superintendent of 
public instruction. 

Other Officers. — The adjutant-general is the active 
officer of the State militia. 

The commissioner of agriculture, sometimes called 
the secretary of the board of agriculture, looks after 
the agricultural interests of the State. 

The commissioner of insurance oversees the insur- 
ance companies doing business in the State. 



9° 



THE STATE. 



The railway commissioners assess the value of 
railway property, and to a limited extent regulate 
charges on railway lines. 

The register of the land office, or land commis- 
sioner, keeps in his office the patents or title-deeds 
of land issued by the State in its early settlement, 
and furnishes copies of land patents and warrants to 
those who desire them. In a few States this officer 
i is elected by the people. 

The State librarian has charge of the State library, 
and in some States is superintendent of the State 
buildings at the capital. 

In a few States there are other executive officers, 
among whom may be named : 

A surveyor-general, who surveys the public lands, 
and keeps in his office maps of counties and town- 
ships ; 

A State engineer, who superintends the construc- 
tion and repair of canals and levees ; 

A commissioner of statistics, who collects statistics 
relating to public interests ; 

A commissioner of immigration, who attends to 
the interests of immigrants ; 

A labor commissioner, who looks after the interests 
of the laboring classes ; 

A bank inspector, or superintendent of banking] 
who inspects State banks for the protection of the 
public; and 

A State examiner, who investigates the conduct 
of State institutions, and inspects the State offices, 
in order to secure honesty and efficiency in public 
affairs. 



SUGGESTIVE QUESTIONS. g\ 

In some States two or more of these offices are 
combined, and in others their duties are performed 
by the higher officers of the State. 

SUGGESTIVE QUESTIONS. 

1. .What is the term of office and what the name of the gov- 
ernor of this State ? 

2. What are the age and the length of residence required of 
him ? 

3. How many terms can he serve in succession ? 

4. Has this State a lieutenant-governor ? 

5. If so, name his qualifications. 

6. What is the great seal of the State ? 

7. What is the necessity of an auditor ? 

8. Why should the superintendent of public instruction make 
a report ? 

QUESTION FOR DEBATE. 

Resolved, That the governor should hold the power of veto. 



CHAPTER X. 

THE STATE— (Continued). 
JUDICIAL DEPARTMENT. 

Purposes. — The judicial department of the State 
government exists for the sole purpose of adminis- 
tering justice ; that is, for the purpose of interpret- 
ing the laws and of applying them to particular cases. 
The legislature makes the laws, but it can not execute 
them. The governor recommends the passage of 
certain laws, and holds the veto power ; but he has no 
law-making power, nor can he try the most trivial suit. 

So the judiciary has no voice in making or in 
executing the laws, its sole function being to decide 
their meaning and to apply them in securing justice. 
The legislative and executive departments may 
assist, but it is the peculiar province of the judiciary 
to protect society and to maintain the rights of 
the people. 

Supreme Court. — The higher courts of the State 
are of two classes — those whose jurisdiction includes 
the entire State, and those whose jurisdiction is con- 
fined to particular districts. 

The Supreme Court, called in some States the 
Court of Appeals, is the highest court of the State. 
The number of the judges of the supreme court 
varies in the different States, there being a chief 
justice and from two to eight associate justices in 
each State. 
(92) 



JUDICIAL DEPARTMENT. 93 

In some States the justices are elected by the 
people ; in others they are elected by the legislature ; 
and in some they are appointed by the governor, and 
confirmed by the Senate. 

The term of office is lengthy, not less than four 
years in any State, except Vermont, where it is two 
years; six, seven, eight, nine, ten, twelve, fourteen, 
or fifteen years in most States ; twenty-one years 
in Pennsylvania ; during good behavior in Massa- 
chusetts ; until the judges are seventy years of age 
in New Hampshire ; and practically for life in Rhode 
Island. 

The jurisdiction of the supreme court, or court of 
appeals, extends over the entire State. It holds 
sessions at the State capital, and in some States at 
other prominent places, and is chiefly engaged in the 
trial of cases in which appeals have been taken from 
the decisions of the lower courts. 

Its decision is final, but in cases in which it is 
alleged that the State law is in conflict with the con- 
stitution or laws of the United States, appeals may 
be taken to the United States Supreme Court at 
Washington. 

District, or Circuit Court. — The people most 
commonly resort to the district court, circuit court, 
or superior court, as it is variously called in different 
States, to secure justice. In it are tried the great 
body of important civil and criminal cases, and also 
appeals from the lower courts. 

The jurisdiction of the district court is limited to 
a district created by the State constitution or by 
act of the State legislature. In some cases the dis- 



94 



THE STATE. 



trict consists of a single county ; usually it includes 
two or more counties, the court being held succes- 
sively in each county of the district. 

In each district there is usually one district judge, 
who is elected by the people, appointed by the gov- 
ernor, or elected by the legislature. 

The term of office in most States is four, six, or 
eight years. 

In some of the districts of certain States there are 
criminal courts having jurisdiction in criminal cases, 
and chancery courts or courts of common pleas 
having jurisdiction in certain civil cases. 

In some States there is a high court of chancery 
having State jurisdiction, and in others there is a 
superior court which has State jurisdiction, and 
whose rank is between the supreme court and the 
district courts. 

TERRITORIES. 

Organization. — Congress organizes the public 
domain into Territories, fixes their boundaries, and 
establishes their governments. The act of organiza- 
tion is passed as soon as the population is dense 
enough to require governmental authority. 

Executive Department. — The governor and the 
secretary are appointed by the President of the 
United States, with the consent of the United States 
Senate, and serve for four years, unless removed. 
The governor appoints a treasurer, an auditor or 
comptroller, a superintendent of public instruction, a 
librarian, and in some cases several other territorial 
officers. 



TERRITORIES. 



95 



Legislative Department. — The legislature con- 
sists of a council, usually of twelve members, and a 
house of representatives of twenty-four members 
elected by the people of the Territory. The council 
is the upper house of the legislature, and is some- 
times called the Senate. Although the governor and 
the legislative assembly rule the Territory, all laws 
passed by them must be submitted to Congress, and, 
if disapproved, they become null and void. 

Judicial Department. — The judiciary consists of 
a supreme court and inferior courts. The chief jus- 
tice and two or more associate justices of the su- 
preme court are appointed for four years by the Pres- 
ident, with the consent of the Senate. The inferior 
courts are established by the territorial legislature. 

Representation in Congress. — Each Territory 
elects a delegate to the Congress of the United 
States. Territorial delegates serve upon committees, 
and have the right to debate, but not to vote. Their 
real duties are as agents of their respective Territories. 

Laws. — Territories are governed by the laws of 
Congress, by the common law, and by the laws passed 
by the territorial legislatures. The governor may 
pardon offenses against territorial laws, and may 
grant reprieves for offenses against the laws of Con- 
gress, until the cases can be acted upon by the 
President. 

Local Affairs. — The local interests of a Territory 
are similar to those of a State. Taxation, schools, 
public works, and the administration of justice are 
supported by the people. The people of the Terri- 
tories have no voice in the election of President, and 



9 6 



THE STATE, 



none in the government of the United States except 
through their delegates in Congress. 

Purposes. — The chief purposes of the territorial 
government are to give the people the protection of 
the law, and to prepare the Territory for admission 
into the Union as a State. A State is a member of 
the Union, with all the rights and privileges of self- 
government ; a Territory is under the Union, subject 
at all times, and in all things, to regulation by the 
government of the United States. 

All the States, except the original thirteen (includ- 
ing Maine, Vermont, Kentucky, and West Virginia) 
and California and Texas, have had territorial gov- 
ernments. A Territory is not entirely self-govern- 
ing; it may be called a State in infancy, requiring the 
special care of the United States to prepare it for 
statehood and for admission into the Union " upon an 
equal footing with the original States in all respects." 

Arizona, New Mexico, and Hawaii illustrate the 
territorial form of government described above. The 
following are exceptions to the rule : 

Alaska. — By an act establishing a civil govern- 
ment for Alaska, Congress created a district govern- 
ment, providing for a governor and a district court, 
but not for any legislature. Congress itself makes 
laws for Alaska. 

The District of Columbia is neither a State nor a 
Territory. It resembles a Territory in being directly 
governed by Congress in such manner as that body 
may choose, but it differs from a Territory since it 
can never become a State. 

It is not represented in the government of the 



SUGGESTIVE QUESTIONS. 97 

United States, and its inhabitants have no voice in 
local matters. Its affairs are administered by three 
commissioners, appointed by the President, with the 
consent of the Senate, and they are subject to the 
laws of Congress. 

Porto Rico and the Philippines have each a legis- 
lature and are governed much like a Territory; but 
their people are not citizens of the United States. 
They are practically colonies. 

SUGGESTIVE QUESTIONS. 

1. Is it better that judges be elected, or that they be ap- 
pointed ? Why ? 

2. Why should a judge's term of office be lengthy ? 

3. Who is chief justice of this State? 

4. Who is the judge of the circuit or district court of this 
district ? 

5. At what dates does this court hold sessions in this county ? 

6. How many organized Territories now in the United States ? 
Give their names. 

7. When did this State cease to be a Territory ? 

8. Why should delegates from the Territories not have the 
privilege of voting in Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the judges of the higher courts should be 
appointed by the governor, and hold their positions during life 
and good behavior. 



Pet. C. Go.— 7 



CHAPTER XI. 

THE UNITED STATES. 

Introductory. — Each division of government which 
we have considered exists for only a part of the whole 
people. The government of one State has no author- 
ity over the people of other States ; but the govern- 
ment of the United States, often called the national 
government or federal government, is for the good of 
the entire country, and its authority is over the whole 
people. 

All these divisions of government — the family, the 
school, the township or civil district, the county, the 
State, and the United States — are dependent upon one 
another. 

If family government were destroyed, society would 
be ruined and other governments would be worthless. 

If there were no schools, the people would be so 
ignorant that free government would be impossible. 

If the township or civil district were neglected, 
local government would be inefficient. 

If the States were blotted out, the national govern- 
ment would assume all power, and the freedom of 
the people would be greatly abridged, and perhaps 
finally lost. 

If the national government were dismembered, 
the States would be weak, helpless, at war with one 
another, and at the mercy of foreign nations. 

The distribution of power among the several politi- 
co) 



FORM OF GOVERNMENT. 



99 



cal organizations prevents any of them from assum- 
ing too much authority, and thus tends to preserve 
the liberties of the people. 

Formation. — The national government is based 
upon the Constitution of the United States. It was 
formed by the union of the several States under the 
Constitution, and its powers are set forth in that 
instrument. The thirteen original States ratified the 
Constitution of the United States between December 
7, 1787, and May 29, 1790, and thus organized the 
national government. It thus became, and has con- 
tinued to be, the government of the whole people, 
" by the people and for the people." 

FORM OF GOVERNMENT. 

The national government, like the government of 
each State, is a republic ; that is, the authority is exer- 
cised by the representatives of the people. As all 
power resides in the people, our government is called 
a democracy. As the people elect officers or repre- 
sentatives to act for them in the performance of 
public duties, it is called a representative democracy. 

Our system of government is different from those 
of all other nations, because part of the political power 
is vested in the State, and part in the nation ; that 
is, in the United States. 

The national Constitution enumerates the powers 
which may be exercised by the national government, 
and reserves all other powers " to the States respec- 
tively, or to the people." Because of this dual or 
double character of our system of government, John 
Quiijcy Adams called it " a complicated machine." 



IOO THE UNITED STATES. 

Purposes. — The purposes of the national govern- 
ment are clearly and forcibly set forth in the " pream- 
ble/' or opening clause, of the Constitution of the 
United States ; 

1. " To form a more perfect union ; " 

2. " To establish justice ; " 

3. "To insure domestic tranquillity ;" 

4. " To provide for the common defense ; " 

5. " To promote the general welfare ; " 

6. " To secure the blessings of liberty to ourselves 
and our posterity/' 

Before the Revolutionary war, the American colo- 
nies were subject to Great Britain. By the Declara- 
tion of Independence these colonies became " free 
and independent States." During the period between 
the Declaration of Independence and the adoption 
of the national Constitution, the union between the 
States was weak and unsatisfactory. 

Instead of there being " domestic tranquillity," the 
States were engaged in constant quarrels. There 
was no power to provide for the " common defense " 
of the people against foreign enemies ; each State 
must protect itself as best it could. No provision 
could be made for the " general welfare " by the pas- 
sage and enforcement of broad measures for the whole 
country. Under the Articles of Confederation, as 
was said at that time, the States might " declare 
everything, but do nothing." The adoption of the 
national Constitution and the formation of the na- 
tional government made the inhabitants of the States 
one people, and have since brought the United States 
to be "the first of the nations of the earth." 



CITIZENS. IOI 

Functions. — The functions of the national govern- 
ment are numerous and important. In adopting the 
national Constitution, the States delegated or ceded 
to the United States those powers which are neces- 
sary to the strength and greatness of a nation. 

The national government administers those public 
affairs which concern the whole people, such as the 
regulation of commerce, the granting of patents, and 
the coinage of money ; and also those which pertain 
to the United States as a nation dealing with other 
nations, such as declaring war and making treaties of 
peace. 

The subjects upon which the national Congress 
may enact laws, and consequently the subjects in- 
cluded in the functions of the national government, 
are enumerated in Section 8, Article I. of the Constitu- 
tion. 

CITIZENS. 

The people who reside in the United States are 
either citizens or aliens. The national Constitution 
declares that " All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside." Women and children are citi- 
zens, though not entitled to vote. 

A citizen is a member of the body politic, bound to 
allegiance, and entitled to protection at home and 
abroad. He can renounce his allegiance — that is, lay 
down his citizenship — by becoming the subject of 
some other country. Wherever he goes, until he 
renounces his allegiance, he is a citizen of the United 
States, and is shielded from insult by the might and 



IQ2 THE UNITED STATES. 

majesty of the whole nation. Citizenship is therefore 
valuable for its protection abroad, as well as for its 
rights and privileges at home. 

Naturalization. — Naturalized citizens are persons 
of foreign birth who have become citizens by naturali- 
zation, after a continuous residence of at least five 
years in the United States. A foreigner is naturalized 
by appearing in court, declaring his intention to be- 
come a citizen of the United States, and his purpose 
to renounce all allegiance to foreign governments. 
After two years more, he must appear in open court, 
renounce upon oath all foreign allegiance, and swear 
to support the Constitution of the United States. 
If he bears any title of nobility, he must renounce 
it. Naturalized citizens have all the rights and 
privileges that belong to native-born citizens, except 
that no naturalized person can become President or 
Vice President of the United States. 

Rights. — The Constitution of the United States 
does not contain a formal bill of rights, as do most of 
the State constitutions, but it names the following 
as among the rights of citizens : 

(i) " The citizens of each State shall be entitled 
to all privileges and immunities of citizens of "the 
several States ' ' ; 

That is, a citizen who removes into another State 
shall enjoy all the rights and privileges that belong 
to its citizens. 

(2) " A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the 
executive authority of the State from which he fled, 



CITIZENS, 



103 



be delivered up, to be removed to the State having 
jurisdiction of the crime." A demand for the deliv- 
ery of a fugitive criminal is called a requisition. 

(3) " No person held to service or labor in one 
State under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation therein, 
be discharged from such service or labor ; but shall 
be delivered up on claim of the party to whom such 
service or labor may be due." 

This provision refers to the capture and return 
of fugitive slaves, and is rendered void by the aboli- 
tion of slavery. 

(4) " A well-regulated militia being necessary to 
the security of a free State, the right of the people to 
keep and bear arms shall not be infringed." 

This clause does not authorize the carrying of 
concealed weapons. 

(5) " Xo soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner, 
nor in time of war but in a manner to be prescribed 
by law." 

(6) " The right of the people to be secure in their 
persons, houses, papers, and effects, against unreas- 
onable searches and seizures, shall not be violated ; 
and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched and the persons 
or things to be seized." 

(7) a. u Xo person shall be held to answer for a 
capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the 



104 THE UNITED STATES. 

militia when in actual service, in time of war or pub- 
lie danger ; 

b. Nor shall any person be subject for the same 
offense to be twice put in jeopardy of life or limb, 
nor shall be compelled, in any criminal case, to be 
a witness against himself ; 

c. Nor be deprived of life, liberty, or property 
without due process of law ; 

d. Nor shall private property be taken for public 
use without just compensation. " 

The first part of this clause secures a civil trial 
to every private citizen. The land and naval forces, 
and the militia when in actual service, are under 
military law, usually called martial law. 

(8) " In all criminal prosecutions the accused shall 
enjoy the right 

a. " To a speedy and public trial by an impartial 
jury of the State and district wherein the crime 
shall have been committed, which district shall have 
been previously ascertained by law ; 

b. " To be informed of the nature and cause of the 
accusation ; 

c. " To be confronted with the witnesses against 
him ; 

d. " To have compulsory process for obtaining wit- 
nesses in his favor ; 

e. "And to have the assistance of counsel for his 
defense. ,, 

(9) " In suits at law where the value in contro- 
versy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any court of the 



XATURE OF THE CONSTITUTION. 



10: 



United States than according to the rules of the 
common law." 

(io) " Excessive bail shall not be required, nor ex- 
cessive tines imposed, nor cruel and unusual punish- 
ment inflicted." 

(n) "Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party 
shall have been duly convicted, shall exist within the 
United States or any place subject to their juris- 
diction." 

(12) 4 * The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or 
previous condition of servitude." 

(13) " The enumeration in the Constitution of cer- 
tain rights shall not be construed to deny or disparage 
others retained by the people." 

ALIENS. 

Aliens are subjects of foreign governments. They 
are not citizens of this country, and, in general, have 
no right to take part in its political affairs. Through- 
out the Union aliens have full social and moral rights; 
in some States their property rights are restricted ; 
and in a few States they have certain political 
rights. 

NATURE OF THE CONSTITUTION. 

The Constitution of the United States is the su- 
preme law of the whole land. It is a written instru- 
ment, and is often called the fundamental law. 

Neither the laws of any State nor the laws of the 



106 THE UNITED STATES. 

United States must conflict with the Constitution. 
It is the basis of our system of government, the 
model upon which all State constitutions are framed, 
and the foundation of our greatness as a people. It 
defines the limits of the national government, and 
enumerates the powers of each of its departments 
It declares what public interests are within the scope 
of the national government, reserves certain powers 
to the States, and provides that neither State nor 
nation shall enact certain specified laws. 

Formation. — The national Constitution was framed 
by a convention of delegates from twelve of the thir- 
teen original States, Rhode Island alone being un- 
represented. The convention was called for the 
purpose of revising the Articles of Confederation 
under which the States were at the time united. 

The convention met at Philadelphia, on Monday, 
May 14, 1787, and organized on the 25th day of the 
same month by electing as its president George 
Washington, one of the delegates from Virginia. 
The Articles of Confederation were readily seen to be 
inadequate to the purposes of a national government, 
and the convention proceeded to draught a " Consti- 
tution for the United States of America. ,, 

The convention completed its labors, submitted 
the Constitution to the several States for their ratifi- 
cation, and adjourned on the 17th of September, 1787. 
All the States ratified the Constitution, the last being 
Rhode Island, whose convention, called for the pur- 
pose, passed the ordinance of ratification, May 29, 
1790. 

Necessity. — The necessity for a written national 



NATURE OF THE CONSTITUTION. \qj 

constitution is readily seen. The preamble states 
the purposes of the Constitution, which are also the 
purposes of the national government. The Constitu- 
tion defines the limits of State and of national power, 
and thus prevents conflicts of authority which would 
otherwise arise between the State and the United 
States. Through the Constitution, the people, who 
are the sources of all just authority, grant to the 
government certain powers, and reserve all other 
powers to themselves. The Constitution prescribes 
the functions of each department of the government, 
and thus preserves the liberties of the people by pre- 
venting either Congress, the executive department, 
or the judiciary from exercising powers not granted 
to it. 

Amendment. — The Constitution prescribes two 
methods by which it may be amended : 

1. By a two thirds vote of both houses Congress 
may propose to the several States amendments 
to the Constitution. 

2. Upon the application of two thirds of the States, 
Congress shall call a convention of delegates 
from the several States for proposing amend- 
ments. 

An amendment proposed by either method, " when 
ratified by the legislatures of three fourths of the 
States, or by conventions in three fourths thereof, 
shall be valid to all intents and purposes as a part of 
this Constitution." 

Nineteen amendments have been proposed by 
Congress, and fifteen of these have been ratified by 
three fourths of the State legislatures, and have 



I08 THE UNITED STATES. 

become parts of the Constitution. The other four 
proposed amendments were rejected. Congress has 
never called a convention to propose amendments, 
and no State has ever called a convention to consider 
those amendments proposed by Congress. 

Departments. — The functions of each branch of 
government are carefully marked in the Constitu- 
tion, and the people and their representatives jeal- 
ously guard the rights of each department. They 
believe that the duties of the law-making power, 
those of the law-enforcing power, and those of the 
law-explaining power can not be too clearly separated. 
If the same officers could make the law, enforce the 
law, and explain the law, there would be no limit to 
their authority, and therefore no security to the 
people. 

The framers of the Constitution were wise men ; 
they had seen the abuse of power by Great Britain 
while the colonies were under her sway, and they 
determined to guard the liberties of the people by 
forever separating the legislative, the executive, and 
the judicial functions. Their example has been fol- 
lowed in the constitutions of all the States. 

The President has no right to interfere with the 
decisions of the courts, and, except by his veto, can 
not interfere with the action of Congress. 

Congress can not question the decisions of courts, 
nor can it interfere with the legal actions of the 
President, except that the Senate may refuse to con- 
firm his appointments to office. 

Even the Supreme Court of the United States can 
not call in question the official acts of the President, 



SUGGESTIVE QUESTIONS. IO 

so long as he conforms to the law ; nor has it any 
power over the acts of Congress, except merely to 
decide upon the constitutionality of the laws when 
they are properly brought before it. 

While, therefore, Congress and the President have 
some remote influence upon the actions of each 
other, neither has the slightest right to invade the 
functions of the Supreme Court, or of any other 
court, even the humblest in the land. 

SUGGESTIVE QUESTIONS. 

1. Why do foreigners become naturalized ? 

2. What is a title of nobility ? 

3. What officer of a State makes requisition for the delivery 
of a criminal held by another State ? 

4. When was slavery abolished in the United States ? 

5. What is the purpose of a militia force ? 

6. What is a capital crime ? 

7. Why is the accused entitled to a speedy and public trial ? 

8. Why is the Constitution called the fundamental law ? 

9. Read in the history of the United States the account of 
the formation of the Constitution. 

10. How many States were needed to ratify the Constitution 
in order that it might go into effect ? 

11. Read the fifteen amendments to the Constitution. 

12. Can you name any proposed amendments that have been 
recently advocated ? 

QUESTION FOR DEBATE. 

Resolved, That a written constitution is best for a free 
country. 



CHAPTER XII. 

THE UNITED STATES— {Continued). 
LEGISLATIVE DEPARTMENT. 

Congress. — The legislative authority of the na- 
tional government is vested in the Congress of the 
United States, consisting of a senate and a house of 
representatives. The senators represent the States, 
and the representatives represent the people. Con- 
gress holds annual sessions at the city of Washington, 
the seat of the national government. A measure 
must pass both houses, and be approved by the 
President, in order to become a law; or if vetoed, it 
fails, unless it again passes both houses by a two 
thirds vote. 

Senators and representatives receive an annual 
salary of seven thousand five hundred dollars each ; 
and are allowed mileage, or traveling expenses, of 
twenty cents for each mile in going to and returning 
from the session of Congress. 

Privileges of the Houses. — There are certain 
constitutional privileges guaranteed to Congress in 
order that its action in legislation may be free from 
undue influence from other departments of the gov- 
ernment. 

" The times, places, and manner of holding elec- 
tions for senators and representatives shall be pre- 
scribed in each State by the legislature thereof ; but 
(no) 



LEGISLATIVE DEPARTMENT. m 

the Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators/' 

Each house shall be the judge of the elections, 
returns, and qualifications of its own members ;" 
that is, each House declares who are entitled to 
membership therein. 

Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly conduct, 
and with the concurrence of two thirds expel a mem- 
ber.' ' 

Each house keeps and publishes a journal of its 
proceedings, " excepting such parts as may, in their 
judgment, require secrecy; and the yeas and nays of 
the members of either house, on any question, shall, 
at the desire of one fifth of those present, be entered 
on the journal/ ' 

" Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting." 

Privileges and Disabilities of Members. — The 
Constitution of the United States sets forth the fol- 
lowing privileges and disabilities relating to member- 
ship in both the Senate and the House of Repre- 
sentatives : 

(i) " The senators and representatives shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United 
States. 

" They shall in all cases except treason, felony, and 
breach of the peace be privileged from arrest during 



112 THE UNITED STATES. * 

their attendance at the session of their respective 
houses, and in going to and returning from the 
same ; and for any speech or debate in either house 
they shall not be questioned in any other place." 

(2) " No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance of office." 

The purpose of the first part of this clause is to 
prevent members of Congress from voting to create 
offices, or to affix high salaries to offices, with the 
hope of being appointed to fill them. 

(3) " The senators and representatives before men- 
tioned, and the members of the several State legis- 
latures, and all executive and judicial officers both 
of the United States and of the several States, shall 
be bound by oath or affirmation to support this 
Constitution ; but no religious test shall ever be re- 
quired as a qualification to any office or public trust 
under the United States. " 

(4) " No person shall be a senator or representative 
in Congress, or elector of President and Vice Presi- 
dent, or hold any office, civil or military, under the 
United States, or under any State, who, having pre- 
viously taken an oath as a member of Congress, or as 
an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial offi- 
cer of any State, to support the Constitution of the 



LEGISLATIVE DEPARTMENT. 113 

United States, shall have engaged in insurrection 
or rebellion against the same, or given aid and com- 
fort to the enemies thereof. But Congress may, by 
a vote of two thirds of each House, remove such 
disability." 

The purpose of the clause was to exclude from 
office all those who had sworn, as officers of the State 
or the nation, to support the Constitution of the 
United States, and who afterward engaged in war 
against the Union. An act of Congress enabling 
them to hold office was called a removal of their 
disabilities. This clause of the Constitution is prac- 
tically void as regards all past offenses, as the dis- 
abilities of nearly all to whom it applied have been 
removed by Congress. 

Powers of Congress. — Congress has power: 

(1) To levy and collect taxes, duties on imported 
goods, and revenues from articles of manufacture, 
" to pay the debts and provide for the common de- 
fense and general welfare of the United States." 

(2) "To borrow money on the credit of the United 
States." 

The usual method of borrowing money is to issue 
government bonds, which are promises to pay the 
sums specified in them at a given time, with interest 
at a given rate. The bonds are sold, usually at their 
face value, and the proceeds applied to public pur- 
poses. United States bonds can not be taxed by a 
State. 

(3) "To regulate commerce with foreign nations, 
and among the several States, and with the Indian 
tribes." 

Pet. C. Go.— 8 



114 TITE UNITED STATES. 

(4) " To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies, 
throughout the United States." 

(5) " To coin money ; regulate the value thereof, 
and of foreign coin ; and fix the standard of weights 
and measures. " 

(6) " To provide for the punishment of counter- 
feiting the securities and current coin of the United 
States." 

(7) "To establish post-offices and post-roads." 

(8) " To promote the progress of science and useful 
arts, by securing for limited times, to authors and 
inventors, the exclusive right to their respective 
writings and discoveries; " 

That is, to grant copyrights to authors, and to 
issue patents to inventors. 

(9) " To constitute tribunals inferior to the 
supreme court." 

(10) " To define and punish piracies and felonies 
committed on the high seas, and offenses against the 
law of nations." 

Piracy is robbery committed at sea. 

(11) " To declare war; grant letters of marque 
and reprisal, and make rules concerning captures on 
land and water." 

Letters of marque are commissions issued to private 
parties, authorizing them to cross the frontiers of 
another nation, and to seize the persons and property 
of its subjects. 

Reprisal is the forcible taking of the property or 
persons of the subjects of another nation, in return 
for injuries done to the government granting the 



LEGISLATIVE DEPARTMENT. 115 

letters. Vessels carrying letters of marque and 
reprisal are called privateers. 

(12) " To raise and support armies." 

(13) "To provide and maintain a navy" 

(14) "To make rules for the government and regu- 
lation of the land and naval forces." 

(15) " To provide for calling forth the militia to 
execute the laws of the Union, suppress insurrection 
and repel invasions/ ' 

(16) "To provide for organizing, arming, and dis- 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the 
United States." 

(17) "To exercise exclusive legislation " over the 
District of Columbia, " and to exercise like authority 
over all places purchased by the consent of the legis- 
lature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings." 

(18) "To make all laws which shall be neces- 
sary and proper for carrying into execution the 
foregoing powers and all other powers vested 
by this Constitution in the government of the 
United States, or in any department or officer 
thereof." 

(19) "Congress may determine the time of choos- 
ing the electors" for President and Vice President of 
the United States, " and the day on which they shall 
give their votes, which day shall be the same through, 
out the United States." 

(20) " Congress may, by law, provide for the case 
of removal, death, resignation, or inability of both 



Il6 THE UNITED STATES. 

the President and Vice President, declaring what 
officer shall then act as President/ ' 

(21) " The Congress may, by law, vest the ap- 
pointment of such inferior officers as they think 
proper, in the President alone, in the courts of law, 
or in the heads of departments.' ' 

(22) " The Congress shall have power to declare 
the punishment of treason." 

(23) " Full faith and credit shall be given in each 
State, to the public acts, records, and judicial pro- 
ceedings of every other State. And the Congress 
may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof. " 

(24) "New States may be admitted by the Con- 
gress into this Union, but no new State shall be 
formed or erected within the jurisdiction of any 
other State, nor any State be formed by the junction 
of two or more States, or parts of States, without 
the consent of the legislatures of the States con- 
cerned, as well as of the Congress/' 

(25) " The Congress shall have power to dispose 
of, and to make all needful rules and regulations re- 
specting the territory or other property belonging to 
the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States or of any particular State/' 

(26) Congress has " power to enforce, by appropri- 
ate legislation," all provisions of the Constitution. 

Under the authority " to provide for the general 
welfare of the United States/' Congress exercises 
powers which are implied — that is, understood — but 



LEGISLATIVE DEPARTMENT, 



n; 



which are not expressly named in the Constitution. 
The grants of public lands to railway and canal com- 
panies, the annual appropriations for the improve- 
ment of rivers and harbors, and numerous similar 
laws are based upon implied powers. 

Forbidden Powers. — The following powers are 
expressly denied to the national government : 

(i) " The privilege of the writ of habeas corpus 
shall not be suspended unless when, in cases of rebel- 
lion or invasion, the public safety may require it." 

Habeas corpus means " Thou mayst have the 
body." A person in prison, claiming to be unlaw- 
fully detained, or the friend of such a person, applies 
to the judge of a court for a writ of habeas corpus. 
The judge issues the writ, which directs the officer 
to bring the body of the prisoner into court at a cer- 
tain time and place, in order that the legality of the 
imprisonment may be tested. 

The case against the prisoner is not tried under the 
writ of habeas corpus, but the judge inquires whether 
any crime is charged, or whether there is a legal cause 
for the arrest. If the imprisonment is illegal, the 
judge orders the prisoner released ; if the prisoner is 
lawfully held, the judge remands him to prison. This 
writ secures the freedom of every person unless de- 
tained upon legal charges. Therefore, there is no 
power in this wide country that can arrest and im- 
prison even the humblest citizen except upon legal 
grounds. The writ of habeas corpus is the most fa- 
mous writ known to the law, the strongest safeguard 
of the personal liberty of the citizens, and is regarded 
with almost a sacred reverence by the people. 



H8 THE UNITED STATES. 

(2) " No bill of attainder or ex post facto law shall 
be passed " by Congress. 

A bill of attainder is an act of a legislative body 
inflicting the penalty of death without a regular trial. 
An ex post facto law is a law which fixes a penalty 
for acts done before the law was passed, or which 
increases the penalty of a crime after it is com- 
mitted. Laws for punishing crime more severely 
can take effect only after their passage ; they can 
not affect a crime committed before they were 
passed. 

(3) " No tax or duty shall be laid on articles ex- 
ported from any State. No preference shall be given, 
by any regulation of commerce or revenue, to the 
ports of one State over those of another ; nor shall 
vessels bound to or from one State be obliged to 
enter, clear, or pay duties in another." 

(4) " No money shall be drawn from the treasury 
but in consequence of appropriations made by law, 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub- 
lished from time to time." 

(5) " No title of nobility shall be granted by the 
United States, and no person holding any office of 
profit or trust under them shall, without the consent 
of Congress, accept of any present, emolument, office, 
or title of any kind whatever, from any king, prince, 
or foreign State." 

(6) " Congress shall make no law respecting estab- 
lishment of religion, or prohibiting the free exer- 
cise thereof; or abridging the freedom of speech or 
of the press; or the right of the people peaceably to 



THE UNITED STATES SENATE. 



II 9 



assemble, and to petition the government for a re- 
dress of grievances." 

(7) " The validity of the public debt of the United 
States, authorized by law, including debts incurred 
for payment of pensions and bounties for services 
in suppressing insurrection or rebellion shall not be 
questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emanci- 
pation of any slave ; but all such debts, obligations, 
and claims shall be held illegal and void." 

The Constitution of the United States forbids the 
national government from exercising certain other 
powers, relating principally to slavery ; but such de- 
nials are rendered useless by the freedom of the 
slaves. 

THE UNITED STATES SENATE. 

The Senate is composed of two senators from each 
State, elected by the legislature ; and therefore each 
State has an equal representation, without regard to 
its area or the number of its people. 

The term of office of a United States senator is 
six years, and one third of the Senate is elected every 
two years. 

A senator must be thirty years old, must have 
been for nine years a citizen of the United States, 
and must be an inhabitant of the State for which he 
shall be chosen. 

A vacancy which occurs in any State's representa- 
tion in the United States Senate, when the legisla- 



120 THE UNITED STATES. 

ture is not in session, is filled by appointment by the 
governor of the State, until the legislature meets 
again and fills the vacancy by election. 

The Vice President of the United States is ex officio 
president of the Senate, but has no vote except when 
the Senate is equally divided upon a question. The 
Senate elects its other officers, including a president 
pro tempore, or temporary president, who presides 
when the Vice President is absent. 

The Senate is a continuous body ; that is, it is always 
organized, and when it meets it may proceed at once 
to business. 

When the House of Representatives impeaches an 
officer of the United States, the impeachment is tried 
before the Senate sitting as a court. 

The Senate has the sole power to try impeachments, 
and it requires two thirds of the senators present to 
convict. Judgment in cases of impeachment shall 
not extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States ; but the 
party convicted shall, nevertheless, be liable and sub- 
ject to indictment, trial, judgment, and punishment 
according to law. 

All treaties made by the President of the United 
States with foreign countries must be laid before the 
Senate for ratification. If two thirds of the Senate 
vote for the treaty, it is ratified ; otherwise, it is 
rejected. 

Treaties are compacts or contracts between two or 
more nations made with a view to the public welfare 
of each, and are usually formed by agents or commis. 



HOUSE OF REPRESENTATIVES. \ 2 \ 

sioners appointed by the respective governments of 
the countries concerned. 

HOUSE OF REPRESENTATIVES. 

The House of Representatives, often called the 
lower House of Congress, is a much larger body than 
the Senate. The last apportionment of representa- 
tives, made in 1901, gave the House three hundred 
and eighty-six members, and this went into effect 
with the Fifty-eighth Congress, beginning on the 4th 
of March, 1903. 

A census of the people is made every ten years, 
and upon this as a basis Congress fixes the number 
of representatives for the entire country, and the 
number to which each State shall be entitled for the 
next ten years thereafter. Each legislature divides 
the State into as many Congress districts as the State 
is entitled to representatives, and each district elects 
a representative by direct vote of the people. 

The term of office is two years, and the terms of 
all representatives begin and end at the same time. 

A representative must be twenty-five years old, 
must have been a citizen of the United States seven 
years, and must be an inhabitant of the State in 
which he is elected. 

A vacancy in a State's representation in the lower 
house of Congress is filled by special election called 
by the governor for that purpose. 

11 All bills for raising revenue" — that is, all bills 
providing for taxation — " must originate in the House 
of Representatives; but the Senate may propose or 
concur with amendments, as in other bills." Taxation 



I22 THE UNITED STATES. 

is called the strongest function of government, and 
therefore the Constitution provides that the first step 
must be taken by the House of Representatives, 
because its members are elected by the direct vote 
of the people, and are supposed to represent the peo- 
ple's views. 

The Constitution provides that " the House of 
Representatives shall have the sole power of impeach- 
ment ; " that is, the House of Representatives must 
formulate and present the charges to the Senate, and 
prosecute the accused at its bar. An impeachment 
by the House of Representatives corresponds to an 
indictment by a grand jury ; specific charges must be 
made before a trial can be held in any court. 

The Speaker. — The speaker is elected by the 
representatives. He is a member of the House, and 
is nominated for the speakership by a convention, or 
caucus, of the representatives who are of his politi- 
cal party. In rank he is the third, and in influence 
the second officer of the government. He presides 
over the House, preserves decorum, decides points 
of order, and directs the business of legislation. He 
is the organ of the House, and because he speaks 
and declares its will is called the Speaker. He 
appoints about sixty standing committees, and thus 
largely shapes legislation. As almost all laws are 
matured by the committees, and are passed as the 
result of their work, the political influence of the 
speaker is second only to that of the President. 

The speaker receives three thousand dollars annu- 
ally in addition to his salary as a representative. 

The clerk of the preceding House presides during 



HOUSE OF REPRESENTATIVES. 



123 



the election of the speaker. Immediately after his 
election, the speaker is sworn into office by the rep- 
resentative of the longest service in the House. He 
then assumes the direction of business, and adminis- 
ters the oath to the members as they present them- 
selves by States. The House of Representatives is 
reorganized every two years at the opening of the 
first session of each Congress. 

Other Officers. — The other officers of the House 
are the clerk, the sergeant-at-arms, the doorkeeper, 
the postmaster, and the chaplain. They are not 
members of the House. The sergeant-at-arms and 
the doorkeeper appoint numerous subordinates. 

The sergeant-at-arms is the ministerial and police 
officer of the House. He preserves order, under the 
direction of the speaker, and executes all processes 
issued by the House or its committees. The symbol 
of authority of the House is the mace, consisting of 
a bundle of ebony rods surmounted by a globe, upon 
which is a silver eagle with outstretched wings,. In 
scenes of disturbance, when the sergeant-at-arms 
bears the mace through the hall of the House at the 
speaker's command, the members immediately be- 
come quiet and order is restored. 

The doorkeeper has charge of the hall of the House 
and its entrances. The postmaster receives and dis- 
tributes the mail matter of the members. The chap- 
lain opens the daily sessions of the House with prayer. 

SUGGESTIVE QUESTIONS. 

1. Why do not the people of the United States make their 
laws in person, instead of delegating- this power to Congress ? 



124 



THE UNITED STATES. 



2. Is it right that the President should hold the veto power ? 

3. Why is each House "judge of the elections, returns, and 
qualifications of its own members" ? 

4. Why are the yeas and nays entered on the Journal ? 

5. Why are senators and representatives privileged from 
arrest during the session, except for certain specified offenses ? 

6. Is it right to grant copyrights and patents ? 

7. What is counterfeiting ? 

8. Should United States senators be elected by the legisla- 
ture or by the people ? 

9. How many senators in Congress now ? 

10. Who are the two United States senators from this State ? 

11. What is an impeachment ? 

12. How many representatives in Congress from this State ? 

13. Give the name of the representative from this district. 

14. Who at present is speaker of the national House of 
Representatives ? 

15. Of what State is he a representative ? 

16. Name six of the most important committees of the House 
of Representatives. 

QUESTION FOR DEBATE. 

Resolved, That the members of the President's cabinet 
should be members of the House of Representatives. 



CHAPTER XIII. 

THE UNITED STATES— {Continued}. 
EXECUTIVE DEPARTMENT. 

President : Qualifications. — The executive power 
of the national government is vested in the President 
of the United States. 

The President and the Vice President must be 
natural born citizens of this country, must have 
attained the age of thirty-five years, and must have 
resided fourteen years in the United States. 

In case of the President's death, resignation, or 
removal from office, his duties devolve upon the 
Vice President ; and if a vacancy occurs in the office, 
the Vice President becomes President of the United 
States. At other times the only duty of the Vice 
President is to preside over the Senate. 

The President receives a salary of fifty thousand 
dollars per year; the annual salary of the Vice 
President is eight thousand dollars. 

Election. — The President holds his office for a 
term of four years, and, together with the Vice 
President chosen for the same term, is elected in the 
following manner : Each of the political parties meets 
in the several States in State conventions during the 
earlier part of the regular year for the election of a 
President, and appoints delegates to the national 
convention of the party. Each party meets in 

(125) 



126 THE UNITED STATES. 

national convention later on in the year, and nomi- 
nates the candidates whom it will support for Presi- 
dent and.Vice President, and puts forth a declaration 
of principles called a " platform. " 

On Tuesday after the first Monday in November 
the people of the several States meet at their usual 
polling-places, and elect as many electors of President 
and Vice President as the State has senators and 
representatives in Congress. For this purpose can- 
didates for electors have previously been nominated 
by the several parties naming candidates for Presi- 
dent and Vice President. 

The election returns are forwarded to the State 
capital, where they are compared, and the result 
declared by the election board of the State. The 
governor and secretary of state issue certificates to 
the persons chosen as electors of President and Vice 
President. 

On the second Monday in January the electors of 
each State meet at the State capital and cast their 
votes for the candidates of their party for President 
and Vice President. They make, sign, certify, and 
seal three separate lists of their votes for President 
and Vice President ; transmit two lists to the presi- 
dent of the United States Senate — one by mail and 
the other by special messenger — and file the remain- 
ing list with the judge of the United States district 
court of the district in which the electors meet. 

On the second Wednesday in February the United 
States Senate and House of Representatives meet in 
joint session. The president of the Senate opens 
the certificates of votes from all the States, and the 



EXECUTIVE DEPARTMENT, 



127 



votes are then counted. The person having the 
highest number of votes for President is declared 
elected President, if his votes are a majority of all 
the electors elected in the whole Union. 

If no person receives a majority of all the electoral 
votes, then the House of Representatives elects the 
President from the three candidates receiving the 
highest numbers of votes. A quorum for the purpose 
is a representative or representatives from two thirds 
of the States. Each State has one vote, cast as a 
majority of its representatives present directs ; and 
a majority of all the States is necessary to elect. 

The person receiving the highest number of votes 
for Vice President is elected Vice President, if his 
votes are a majority of the whole number of electors 
chosen. 

If his votes are not a majority of all the electors, 
then the Senate proceeds to elect the Vice President 
from the two candidates receiving the highest num- 
ber of votes for Vice President. A quorum for the 
purpose consists of two thirds of the senators from 
all the States. Each senator has one vote, and a 
majority of the whole number is necessary to elect. 

The people do not vote directly for President and 
Vice President, but for electors by whom the Presi- 
dent and the Vice President are chosen. The electors 
of all the States are called collectively the electoral 
college. 

The electors may vote for some other person than 
the candidate nominated by their respective parties; 
but no elector has ever chosen to exercise this privi- 
lege. They consider themselves in honor pledged 



128 THE UNITED STATES. 

and instructed to cast their votes for the candidate 
of their own political faith. 

The vote of the people for electors is called the 
popular vote, and the vote of the electors for Presi- 
dent is called the electoral vote. As has several times 
happened in our history, a candidate may be elected 
President or Vice President and yet be in a minority 
of the popular vote. 

Inauguration. — On the 4th of March following 
the election the President and the Vice President 
assume the duties of their respective offices amid 
imposing ceremonies. 

The Vice President is first sworn into office in the 
presence of the United States Senate. The following 
oath of office is then administered to the President- 
elect by the Chief Justice of the United States 
Supreme Court : "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President 
of the United States; and will, to the best of my 
ability, preserve, protect, and defend the Constitu- 
tion of the United States." 

In the presence of a vast concourse of citizens the 
President delivers an address, outlining the public 
policy to be pursued during his term of office. There 
is usually a display of civil and military organizations 
representing all sections of the country. The polit- 
ical differences of the people are in great part 
forgotten in the enthusiasm attending the inaugu- 
ration of the President. 

Official Residence. — The presidential mansion in 
the city of Washington is called the White House. 
It was erected and is maintained by the national 



EXECUTIVE DEPARTMENT. 



129 



government at public expense. Here the; President 
resides with his family, and receives private citizens, 
members of Congress, officers of other departments 
of the government, and foreign ministers and dig- 
nitaries. 

At his public receptions, held at stated times, he 
may be called upon by the humblest person in the 
land. This shows the spirit of equality which pre- 
vails even in the highest station under our system of 
government. Our institutions are based upon the 
principle embodied in the Declaration of Independ- 
ence, " That all men are created equal." 

Dignity and Responsibility. — The office of Presi- 
dent of the United States is the highest in the gift of 
the people. " He represents the unity, power, and 
purpose of the nation." He is the first citizen of the 
United States, holding the position of highest dignity, 
influence, and responsibility in the whole country. 
He directs the machinery of the government, and is 
therefore held responsible by the people for the con- 
duct of public affairs, and largely for the condition 
of the country. 

His term of office is called an administration. He 
and* his official advisers have the appointment of 
more than one hundred and fifteen thousand officers 
of the national government. 

Messages. — At the opening of each regular session 
of Congress the President sends to both houses his 
annual message, in which he reviews the public events 
of the previous year, gives " information of the state 
of the Union," and recommends the passage o t f such 
laws as he deems " necessary and expedient." From 

Pet. C. Go.~9 



130 



THE UNITED STATES. 



time to ti,me he gives information upon special sub- 
jects, and recommends the passage of measures of 
pressing importance. The heads of departments 
make yearly reports to the President, which he lays 
before Congress and the country in his message. 

Duties and Powers. — The duties of the President 
are so extensive, the burdens of his office so heavy, 
and his power so great, that the people believe that 
no man, however wise and eminent, should hold the 
office for more than two terms. Washington set 
the example of voluntary retirement at the end of 
the second term, and it seems to be an unwritten law 
that no President shall serve more than eight years 
in succession. The duties of the office, so various 
and so burdensome, are summed up in the provision 
of the Constitution : " He shall take care that the 
laws be faithfully executed/ ' 

The President approves or vetoes all bills and joint- 
resolutions passed by Congress, except those relating 
to questions of adjournment. All measures vetoed 
must, within ten days after they are received, be re- 
turned to the house in which they originated. The 
power to veto acts of Congress is called the legis- 
lative power of the President. 

He is commander-in-chief of the army and the navy 
of the United States, and of the militia of the several 
States when engaged in the national service. He 
does not command in person, but places the forces 
under the orders of officers of his choice. 

He may require information in writing from the 
heads of departments upon subjects relating to their 
respective offices. As he appoints these officers, 



EXECUTIVE DEPARTMENT. 



131 



and may remove them at his pleasure, the people 
hold him responsible for their official conduct. He 
is held responsible for the official actions of all offi- 
cers of the executive department of the government. 

He may grant reprieves and pardons for offenses 
against the United States, except in cases of impeach- 
ment. Frequent appeals are made to his pardoning 
power. ; 

He may make treaties with foreign countries, but 
before a treaty can have any effect it must be sub- 
mitted by him to the Senate, and must be ratified 
by a vote of two thirds of the senators present. 
With the consent of the Senate, he appoints minis- 
ters to foreign courts, consuls to foreign countries, 
judges of the United States Supreme Court, and 
other officers of the national government. He fills 
vacancies in office which occur during recesses of the 
Senate, by granting commissions which expire at the 
close of the next session of the Senate. 

He may, in cases of extreme necessity, call special 
sessions of Congress, or of either house. If the Sen- 
ate and the House of Representatives fail to agree 
upon a time to which they shall adjourn, the Presi- 
dent may adjourn them to. such time as he may think 
proper. Such a necessity has never arisen, and 
therefore this power has never been exercised. 

The President may receive or refuse to receive 
ministers and other agents of foreign governments. 
To receive a minister is to recognize the nation which 
he represents. He may also dismiss foreign minis- 
ters who do not prove acceptable to our government. 

He commissions all officers of the United States. 



I3 2 THE UNITED STATES. 

The power to make appointments of office is called 
his patronage. A civil service commission, consisting 
of three commissioners, has been established by act 
of Congress, to secure efficiency in the public service, 
and to prevent the appointment of men to office as a 
reward for party work. Before applicants for certain 
offices can be appointed they must pass an examina- 
tion prescribed by the civil service commission. 

CABINET. 

The President's cabinet is a council of nine offi- 
cial advisers, appointed by him and confirmed by the 
Senate. They are often called heads of departments. 
The members of the cabinet are the secretary of state, 
secretary of the treasury, secretary of war, secretary 
of the navy, postmaster-general, secretary of the in- 
terior, attorney-general, secretary of agriculture, and 
secretary of commerce and labor. 

They may be removed by the President at pleas- 
ure, and are directly responsible to him for the con- 
duct of their respective departments. The Presi- 
dent holds frequent meetings of the cabinet for the 
purpose of conferring upon official business ; but he 
may, if he choose, disregard their advice and act 
upon his own judgment. 

In case of the death, resignation, removal, or disabil- 
ity of both President and Vice President, the presiden- 
tial office would be filled by the members of the cabinet, 
in this order: The secretary of state, the secretary of 
the treasury, the secretary of war, the attorney-general, 
the postmaster-general, the secretary of the navy, the 
secretary of the interior, 



CABINET. I33 

Each of the cabinet officers receives a salary of 
twelve thousand dollars per year. 

Department of State. — The secretary of state is 
the head of the department of state, formerly called 
the department of foreign affairs. His office is the 
highest rank in the cabinet, and is next in impor- 
tance to that of the President. He preserves the 
original draughts of all treaties, laws, public docu- 
ments, and correspondence with foreign countries. 
He keeps the great seal of the United States, and 
fixes it to all commissions signed by the President. 
He furnishes copies of records and papers kept in 
his office, impressed -with the seal of his department, 
and authenticates all proclamations and messages of 
the President. 

He has charge of the negotiation of treaties and 
other foreign affairs, conducts correspondence with 
foreign ministers, issues instructions for the guidance 
of our ministers and other agents to foreign countries, 
and from time to time reports to Congress the rela- 
tions of the United States with other governments. 
He is the organ of communication between the Pres- 
ident and the governors of the States. 

He issues traveling papers, called passports, to citi- 
zens wishing to travel in foreign countries. When 
foreign criminals take refuge in this country, he issues 
warrants for their delivery according to the terms of 
existing treaties. He presents to the President all 
foreign ministers, and is the only officer authorized to 
represent him in correspondence with foreign govern- 
ments. 

The secretary of state has three assistants, called 



134 



THE UNITED STATES, 



respectively, first assistant secretary of state, sec- 
ond assistant secretary of state, and third assistant 
secretary of state. 

The department of state conducts the foreign 
affairs of the government chiefly through the diplo- 
matic service and the consular service. 

The Diplomatic Service. — The officers of the 
diplomatic service are called ministers, and represent 
the United States in a political capacity. They ne- 
gotiate treaties under the direction of the secretary 
of state, and maintain friendly relations between 
the United States and the countries to which they 
are accredited. They are forbidden to engage in any 
commercial transaction, or to exercise any control 
over the commercial interests of the United States. 

By the laws of nations, foreign ministers in all 
countries enjoy many rights and privileges not ac- 
corded to other foreign persons. They are assisted 
by interpreters, who explain speeches made in foreign 
tongues ; and by secretaries of legation, who keep 
the records, and attend to the minor duties of the 
ministers. 

The diplomatic service consists of ambassadors 
extraordinary and plenipotentiary, of envoys extraor- 
dinary and ministers plenipotentiary, and of minis- 
ters resident. These officials rank in the order 
named, but the duties are the same; the chief differ- 
ence being in the rank and influence of the countries 
to which they are accredited. 

The ambassadors and ministers of the higher rank 
receive salaries ranging from seven thousand five 
hundred dollars to seventeen thousand five hundred 



CABINET. 



135 



dollars each, the latter sum being paid to the ambas- 
sadors to such important countries as Great Britain, 
Germany, France, Russia, Mexico, Japan, etc. 

There are very few ministers resident. They gen- 
erally serve also as consuls general, and receive from 
four thousand dollars to seven thousand dollars each. 
Ministers sent to foreign countries upon special serv- 
ice, such as the negotiation of special treaties, are 
sometimes called commissioners. 

Consular Service. — The consular service includes 
about sixty consuls general, some of whom are in- 
spectors of consulates, about two hundred and fifty 
consuls, and many deputies and other assistants. 

The chief duties of consuls are to enforce the com- 
mercial laws, and to protect the rights of American 
citizens. Consuls reside at the principal cities of the 
consular districts to which they are accredited. The 
interests of American shipping and American seamen 
are specially intrusted to their care. They keep the 
papers of American vessels while in port ; they record 
the tonnage, the kind and value of the cargo, and the 
number and condition of the sailors. They hear the 
complaints of seamen, cause the arrest of mutinous 
sailors, send them home for trial, and care for 
mariners in destitute condition. They take pos- 
session of the property of American citizens dying 
abroad, and forward the proceeds to the lawful 
heirs. 

They collect valuable information relating to the 
commerce and manufactures, of foreign countries, 
which is distributed among our people by the depart- 
ment of commerce and labor. 



I3 6 THE UNITED STATES, 

In Turkey and China, American citizens who are 
charged with crime are tried by the American consul. 
Consuls and consuls general receive salaries ranging 
from two thousand dollars to twelve thousand dollars 
each, according to the impoftance of the cities where 
they are located. 

Treasury Department. — The secretary of the 
treasury is the head of the treasury department. 
He manages the entire financial system of the na- 
tional government. He suggests to Congress plans 
for raising revenue and maintaining the credit of the 
United States, and makes detailed reports on all the 
operations of his department. 

He superintends the collection of revenue ; the 
coinage of money ; the operation of national banks ; 
the conduct of custom-houses, where taxes on im- 
ported foreign goods are collected. The schedule or 
table showing the duties levied on foreign goods is 
called the tariff ; this is fixed by act of Congress. 
The management of the marine hospitals, established 
for disabled sailors, and the operation of the life-sav- 
ing service, maintained along the seacoast for the 
rescue of persons from drowning, are also under the 
charge of the secretary of the treasury. His greatest 
responsibility is the management of the national debt, 
which still amounts to many hundred millions of 
dollars. 

Bureaus. — The secretary of the treasury is assisted 
by three assistant secretaries of the treasury, a comp- 
troller, six auditors, a treasurer, a register of the 
treasury, and numerous other responsible officers 
in charge of the bank currency, internal revenue, 



CABINET. I37 

the mint, the erection of public buildings, and other 
important bureaus and divisions of the treasury de- 
partment. 

The comptroller directs the work of the six auditors, 
and superintends the recovery of debts due the 
United States. 

The auditor for the treasury department settles — 
that is, examines and passes on — all accounts in the 
collection of customs duties and internal revenue, 
the national debt, and other accounts immediately 
connected with the operations of the treasury de- 
partment. 

The auditor for the war department settles the 
army accounts. 

The auditor for the interior department settles pen- 
sion accounts, accounts with the Indians, and all 
other accounts arising in the department of the in- 
terior. 

The auditor for the navy department settles the 
accounts of the navy. 

The auditor for the state and other departments has 
charge of the accounts of the secretary of state, the 
attorney-general, the secretary of agriculture, and 
the secretary of commerce and labor, and of all the 
officials under their direction ; the accounts of the 
United States courts ; and those of various institu- 
tions which are not under the control of any depart- 
ment. 

The auditor for the post-office department examines 
and passes on the accounts of the postal service. 

The treasurer is custodian of the funds of the 
United States. All funds and securities ar& kept in 



138 



THE UNITED STATES. 



vaults made for the purpose, or deposited in reliable 
banks for safe keeping. 

The register of the treasury has charge of the 
account-books of United States bonds and paper 
money. They show the exact financial condition of 
the United States at all times. The register's name 
is upon all bonds and notes issued by the government. 

The comptroller of the currency has charge of the 
national banking system. A bank is a place for the' 
safe keeping of money. A bank holding its charter 
— that is, its power to do business — from a State 
government is called a State bank. A bank char- 
tered by the national government is called a national 
bank. 

By the laws of the United States, any five or more 
persons with sufficient capital may organize a na- 
tional bank under the directions of the comptroller 
of the currency. A national bank may issue its 
notes — that is, its promises to pay — as currency, to 
an amount not exceeding the amount of United 
States bonds deposited by the bank with the national 
government. There are about six thousand na- 
tional banks in the United States. 

The commissioner of internal revenue supervises 
the collection of internal revenue. Internal revenue 
is derived from taxes laid upon tobacco and spirituous/ 
and malt liquors. 

The director of the mint has charge of the coinage 
of money, and reports to Congress upon the yield of 
precious metals. There are mints at Philadelphia, 
Carson, San Francisco, Denver, and New Orleans, 
and assay offices also at other places. 



CABINET. I39 

The Constitution vests the power to coin money in 
the national government alone. 

The director of the bureau of engraving and print- 
ing supervises the execution of designs and the 
engraving and printing of revenue and postage 
stamps, national bank notes, and the notes, bonds, 
and other financial paper of the United States. 

The supervising architect selects plans for the 
erection of custom-houses, court-houses, post-offices, 
mints, and other public buildings of the United 
States. 

The surgeon-general of the public health and marine 
hospital service has charge of the marine hospitals, 
and helps to enforce the laws which aim to prevent 
the introduction of contagious diseases into the 
country. 

The solicitor of the treasury is the chief lawyer 
for the department. He has charge of prosecutions 
for violations of the customs laws, and other crimes 
against the financial interests of the United States. 
Like similar lawyers for other departments, he is 
included in the department of justice, under the attor- 
ney-general. 

War Department. — The secretary of war is the 
head of the war department. He has charge of the 
land forces, under the direction of the President. He 
supervises the expenditure of money voted by Con- 
gress for the improvement of rivers and harbors, 
and for the United States Military Academy at West 
Point, as well as for the support and operations of the 
army. In the management of his department he is 
aided by an assistant secretary of war. 



140 THE UNITED STATES. 

Bureaus. — The war department has numerous 
offices and bureaus, each in charge of a responsible 
officer, and all under the supervision of the Chief of 
Staff, who is the military adviser of the secretary. 

The adjutant-general issues the military orders 
of his superiors, conducts the army correspondence, 
issues commissions, and keeps the army records. 

The quartermaster-general provides quarters, cloth- 
ing, and transportation for the army, and has charge 
of barracks and national cemeteries. 

The commissary-general provides food for the 
troops. 

The paymaster-general supervises the payment of 
the army and the military academy. 

The surgeon-general superintends the army hospi- 
tals, and the distribution of medical stores. 

The inspect l or-general attends to inspection of the 
arms and equipments of the soldiers. 

The chief of engineers supervises the construction 
of forts, the improvement of rivers and harbors, and 
the surveys relating to them. 

The chief of ordnance furnishes guns and ammuni- 
tion to the army and to forts, and has charge of 
armories and arsenals. 

The judge-advocate-ge?teral, who is chief of the 
bureau of military justice, prosecutes crimes com- 
mitted in the army, and reviews all sentences passed 
by military courts and military commissions. 

Military Academy. — The military academy at 
West Point is maintained by the national govern- 
ment, for the education and training of officers for 
the army. Each member of Congress appoints one 



CABINET. 



141 



cadet to the academy, and the President appoints 
one from the District of Columbia and forty from 
the United States at large. The military academy 
is under the immediate charge of a superintendent, 
an officer of the regular army, appointed by the 
secretary^ of war. Each cadet receives from the 
government an annual sum of money sufficient to 
pay all necessary expenses at the academy. 

Navy Department. — The secretary of the navy 
presides over the navy department. He has control 
of all affairs relating to vessels of war, the naval forces, 
and naval operations. He has charge of the Naval 
Observatory at Washington, and of the United States 
Naval Academy at Annapolis. The naval depart- 
ment issues sailing charts, sailing directions, and other 
publications for the use of seamen. 

Bureaus. — The naval department has numerous 
bureaus, which are in charge of competent officers 
detailed from the naval service. 

The bureau of navigation gives out and enforces 
the secretary's orders to the officers of the navy, en- 
lists sailors, keeps the records of the service, and has 
charge of the naval academy. 

The bureau of yards and docks attends to the 
navy yards, docks, wharves, their buildings and 
machinery. 

The bureau of equipment supplies vessels with fuel, 
sails, rigging, anchors, and other equipments, and 
with maps, charts, books, and other appliances needed 
in navigation. It has charge of the naval observa- 
tory, and of the nautical almanac used by navigators. 

The bureau of ordnance superintends the forging 



142 



THE UNITED STATES. 



and testing of cannon, guns, and other military equip- 
ments, and the construction of torpedoes for naval 
warfare. 

The bureau of medicine and surgery has charge of 
the naval laboratory, the eight naval hospitals, and 
the purchase and distribution of surgical instruments 
and medical stores for the naval department. 

The bureau of supplies and accounts purchases 
and distributes provisions and clothing for the navy. / 

The bureau of steam engineering superintends the 
construction and repair of engines and machinery for 
the vessels of war. 

The bureau of construction and repair has charge 
of all matters relating to the construction and repair 
of all vessels and boats used in the naval service. 

Naval Academy. — The naval academy at Annapo- 
lis is maintained by the national government for the 
purpose of educating and training officers for the 
navy. It bears the same relation to the navy that 
the military academy bears to the army. Each mem- 
ber of Congress appoints two midshipmen to the 
academy, and the President appoints two from the 
District of Columbia and twenty from the United 
States at large. The academy is under the imme- 
diate charge of a superintendent, who is a naval offi- 
cer appointed by the secretary of the navy. Each 
midshipman receives from the government an annual 
sum of money sufficient to pay all necessary expenses 
incurred at the academy. 

Post-Office Department. — The postmaster-gen- 
eral presides over the post-office department. He 
has control of all questions relating to the manage- 



CABINET. 



143 



ment of post-offices and the carrying of the mails, 
and appoints all postmasters whose annual salaries 
are less than a thousand dollars each. Postmasters 
whose salaries exceed this sum are appointed by the 
President of the United States. 

Bureaus. — The postmaster-general has four assist- 
ants, who, under him, are in charge of the various 
details of the vast establishment devoted to the postal 
service. 

The first assistant postmaster-general has general 
charge of post-offices and postmasters, and makes 
preparations for the appointment of all postmasters. 
He also controls the free delivery of mail matter in 
cities. 

The second assistant postmaster-general attends to 
the letting of contracts for carrying the mails, decides 
upon the mode of conveyance, and fixes the time for 
the arrival and departure of mails at each post-office. 
He also has charge of the foreign mail service. The 
United States has postal treaties with all the other 
civilized countries in the world, by which regular 
mail lines are maintained. 

The third assistant postmaster-general has charge 
of the financial affairs of the department. He pro- 
vides stamps, stamped envelopes, and postal cards 
for post-offices, and receives the reports and settle- 
ments of postmasters. He also superintends the 
registered mail service, and the post-office money- 
order business. By means of money orders people 
may deposit money in the post-office at which they 
mail their letters, and have it paid at the office to 
which their letters are addressed. 



144 THE UNITED STATES. 

The fourth assistant postmaster-ge7ieral has charge 
of the rural free delivery system, — a very important 
service. He also furnishes blanks and stationery to 
post-offices throughout the United States, has charge 
of the dead-letter office, and supervises the making 
of the post-route maps. 

Interior Department. — The secretary of the in- 
terior is the chief officer of the interior department. 
The former name, home department, suggests the 
character of the subjects under its control. Its 
duties relate to various public interests which have 
been transferred to it from other departments. The 
department of the interior has charge of pensions, 
public lands, Indian affairs, patents, education, and 
the geological survey. 

The commissioner of pensions has charge of the 
examination of pension claims and the granting of 
pensions and bounties for service in the army and 
the navy. There are about a million names on the 
pension rolls of the United States, and the annual 
payment of pensions amounts to about one hundred 
and forty million dollars. 

The commissiojier of the general land office superin- 
tends the surveys and sales of the lands belonging to 
the national government. The United States surveys 
divide the public lands into ranges, townships, sec- 
tions, and fractions of sections. Ranges are bounded 
by north and south lines, six miles apart, and are 
numbered east and west. Ranges are divided into 
townships, each six miles square, numbered north 
and south. A township is divided into thirty-six 
sections, each one mile square, and containing six 



CABINET. 



H5 



hundred and forty acres of land; and sections are 
divided into quarter sections. 

The commissioner of Tndiari affairs has charge of 
questions relating to the government of the Indians. 
Its agents make treaties, manage lands, issue rations 
and clothing, and conduct trade with the Indians. 

The commissioner of patents conducts all matters 
pertaining to the granting of patents for useful inven- 
tions, discoveries, and improvements. 

A patent gives the inventor the exclusive right to 
manufacture, sell, and use the patented article for a 
period of seventeen years. 

A copyright, which is somewhat similar to a patent, 
gives the author of a book the exclusive right to 
print, publish, and sell it for a period of twenty-eight 
years, with the privilege at the expiration of that 
time of renewing for fourteen years more. 

An inventor or author may sell a patent or copy- 
right, as well as other property. 

The commissioner of education investigates the con- 
dition and progress of education in the several States 
and Territories, and collects information relating to 
schools, school systems, and methods of teaching. 
The facts collected are distributed among the people 
in annual reports published by the office. 

The director of the geological survey sends out par- 
ties of scientific men, who explore various parts of 
the Union, trace the sources of rivers, measure the 
heights of lands, and gather other facts relating to 
the natural resources of the country. He publishes 
excellent maps of the regions that have been ex- 
plored. 

Pet. C Go.— 10 



146 



THE UNITED Sl^ATES. 



Department of Justice. — The attorney-general 
presides over the department of justice. He is the 
chief law officer of the government, and the legal 
adviser of all the departments. He is assisted by the 
solicitor-general, who is the second officer in rank ; 
by four assistant attorney-generals, and by several 
solicitors for particular departments. The duties of 
the department of justice may be classified as follows : 

1. To conduct before the supreme court all suits to 
which the United States is a party. 

2. To conduct suits arising in any of the depart- 
ments, when requested by the head thereof. 

3. To give written advice and to render written 
opinions upon points of law, when requested by 
the President or the heads of departments. 

4. To exercise supervision over the district attor- 
neys and marshals of the United States district 
courts. 

5. To examine the titles of lands proposed to be 
purchased by the United States, as sites for 
forts, arsenals, barracks, dockyards, custom- 
houses, post-offices, and other public purposes. 

6. To examine and report upon applications for 
judicial offices and positions requiring legal 
ability. 

7. To report annually to Congress upon the busi- 
ness of the department, and upon matters relat- 
ing to the enforcement of the laws throughout 
the Union. 

Department of Agriculture. — The department 
of agriculture was reorganized in 1889. Previous to 
that time it had been a bureau of the interior depart- 



CABINET. mm 

ment. The secretary of agriculture is the chief officer 
of the department of agriculture. 

This department collects and diffuses among the 
people useful knowledge relating to agriculture and 
agricultural products. Experiments are conducted 
upon farm and garden products, and the seeds of 
choice varieties are distributed among the people. 
Similar attention is given to stock-raising and the 
care of forests. 

The department also includes the weather bureau, 
which collects and publishes telegraphic reports of 
storms and the condition of the weather, in the inter- 
est of agriculture and commerce. 

Department of Commerce and Labor. — The 
secretary of commerce and labor presides over the 
department of commerce and labor, which was created 
in 1903. Its duty is to promote and develop com- 
merce, mining, manufacturing, fisheries, and the in- 
terests of workingmen. It collects and publishes 
facts and figures on all these subjects ; supplies ex- 
actly true weights and measures for any one to copy ; 
controls stations for stocking waters with valuable 
fish ; inspects and licenses steamships, rejecting any 
that are unseaworthy ; surveys the seacoast of the 
United States, and maintains lighthouses at danger- 
ous points. 

The work of the department is divided among a 
number of bureaus, many of which were already in 
existence when the new department was formed. 
Among these is the census office, which takes a cen- 
sus of the United States every ten years, besides 
collecting other statistics at shorter intervals. 



I48 THE UNITED STATES. 

SUGGESTIVE QUESTIONS. 

1. Why does the Constitution require that the President 
shall be a native of the United States ? 

2. Who is now President, and of what State is he a citizen ? 

3. When was he elected ? 

4. Who is Vice President, and of what State is he a citizen ? 

5. Is the President's salary too large ? 

6. Should the President be eligible for reelection ? 

7. Do you think he should have the veto power ? 

8. Read the last annual message of the President. 

9. Of what use is a passport in traveling ? 

10. What is internal revenue ? 

11. What was the principal cause of the national debt ? 

12. For what are light-houses used ? 

13. Where is the nearest national bank to this place ? 

14. How many soldiers, including officers, in the army of 
the United States ? 

15. Give a full description of the national military academy? 

16. Is there a signal service in this vicinity ? 

17. Of what value are the weather reports ? , 

18. Of what use is a navy ? 

19. Give a full description of the naval academy. 

20. Should postmasters be elected by the people ? 

21. How many post-offices in the United States ? 

22. Why is it right for the government to grant pensions ? 

23. Why should a census be taken ? 

24. What is the population of the United States, and what 
the population of this State, by the last census ? 

25. What is meant by conducting a suit before the supreme 
court ? 

26. Read the congressional act of 1862 granting public lands 
to the States for the establishment of agricultural and mechani- 
cal colleges. 

QUESTION FOR DEBATE. 

Resolved, That the President and the Vice President should 
be elected by the popular vote. 



CHAPTER XIV. 

THE UNITED STATES— (Continued). 
JUDICIAL DEPARTMENT. 

The judicial department is one of the three great 
departments of the government, being coordinate 
with Congress, the legislative power, and with the 
President, the executive power. The principle of 
three coordinate departments of government is new, 
the United States being the first nation that ever 
embodied it in its constitution. 

The judicial system of the United States includes 
the Supreme Court of the United States, the circuit 
courts of appeals, circuit courts, district courts, the 
supreme court of the District of Columbia, the court 
of claims, a territorial court for each of the Terri- 
tories, and several commissioners' courts in each of 
the States. 

Jurisdiction of United States Courts. — The 
jurisdiction of United States courts extends to the 
following classes of suits at law: 

i. To all cases arising under laws passed by Con- 
gress. 

2. Those affecting ministers, consuls, and other 
agents of the United States and foreign coun- 
tries. 

3. Suits arising on the high seas. 

4. All suits to which the United States is a party. 

(149) 



I go THE UNITED STATES. 

5. Controversies between a State and the citizens 
of another State. 

6. Cases between citizens of different States. 

7. Suits between citizens of the same State claim- 
ing lands under grants by different States. 

8. Cases between a State or its citizens and a for- 
eign State or its citizens. 

It will be seen that all cases at law to which a State 
is a party must be tried in the courts of the United 
States. A direct suit can not be brought against the 
United States except by authority of a special act 
of Congress ; nor can a suit be brought against a 
State by a citizen of another State, or by one of its 
own citizens, except by the special permission of its 
legislature. 

Supreme Court of the United States. — The 
Supreme Court of the United States is the highest 
judicial tribunal in the country. It consists of the 
Chief Justice and eight associate justices, nominated 
by the President and confirmed by the Senate. The 
country is divided into nine circuits, each represented 
by a justice of the Supreme Court. The justices 
hold their offices during life, unless impeached ; but 
they have the privilege of retiring upon full pay, at 
seventy years of age, provided they have served in 
the court for ten years. A quorum consists of any 
six justices, and if four or more agree upon a decision 
it becomes the decision of the court. 

The court holds annual sessions in the Capitol 
building at Washington, beginning upon the second 
Monday in October. The annual salary of the 
Chief Justice is thirteen thousand dollars ; that of 



JUDICIAL DEPARTMENT. 



151 



the associate justices is twelve thousand five hundred 
dollars each. 

The Constitution of the United States creates 
and names the Supreme Court, and provides that 
the judicial power shall be vested in it " and in such 
inferior courts as the Congress may from time to 
time ordain and establish." 

Jurisdiction. — The Supreme Court has original 
jurisdiction in all cases affecting ministers, consuls, 
and other agents of the United States and foreign 
countries, and in cases to which a State is a party. 

Most cases tried by it are brought before it upon 
appeals from the inferior courts of the United States. 
They involve chiefly the questions of jurisdiction of 
the inferior courts, the constitutionality of laws, the 
validity of treaties, and the sentences in criminal and 
prize causes. An appeal from a State court can be 
carried to the Supreme Court only upon the ground 
that the decision of the State court is in conflict with 
the Constitution or laws of the United States. 

The peculiar province of the Supreme Court is to 
interpret the Constitution, and in all conflicts between 
a State and the nation the final decision rests with 
the Supreme Court of the United States. It may, 
and does, modify its own judgments; but until it 
modifies or reverses a decision, it is final, and from it 
there is no appeal. Whether its decree be against a 
private citizen, a State, the Congress, or the President, 
that decree is " the end of the whole matter," and 
must be obeyed. 

The Supreme Court is more admired and praised 
by foreign critics than is any other of our institutions. 



152 



THE UNITED STATES. 



It is conceded by all to be one of the strongest and 
best features in our system of government. In a free 
country like ours, such a tribunal is necessary to pre- 
vent the legislative and executive departments from 
trespassing upon the Constitution, and invading the 
rights of the people. Therefore the Supreme Court 
of the United States has been appropriately called 
" the balance-wheel in our system of government." 

United States Circuit Courts of Appeals. — There 
are nine circuit courts of appeals, one for each United 
States circuit. The judges are the same as those of 
the circuit courts, but the circuit court of appeals is 
entirely independent in its jurisdiction. All appeals 
from the circuit and district courts must be made to 
the circuit courts of appeals, except in cases expressly 
provided by law to be taken direct to the Supreme 
Court ; but provision is also made for appeal from 
the decision of the circuit courts of appeals to the 
Supreme Court in certain classes of cases. 

United States Circuit Court. — Each United States 
circuit embraces several States, and has two or more 
circuit judges nominated by the President and con- 
firmed by the Senate. One justice of the Supreme 
Court is also assigned to each circuit. The circuit 
court may consist of any one of the judges represent- 
ing the circuit, or of all of them sitting together, or 
of either sitting with a judge of the United States 
district court. The circuit court has original juris- 
diction in civil cases involving property worth five 
hundred dollars or more, and in all cases of crime 
against the United States. 

In each State a large majority of the civil suits, 



JUDICIAL DEPARTMENT. 1 53 

whatever the amount involved, and of criminal cases, 
whatever the offense committed, must be tried and 
finally decided in the State courts. In a vast major- 
ity of instances the people must obtain justice in the 
courts of the State in which they live. 

United States District Court. — Each State has 
one or more United States district courts. The 
district judge presides in the district court, either 
alone or with the judge of the circuit court. The 
district court has both civil and criminal jurisdiction 
in all cases under the national law which are not 
required to be brought in the higher courts. 

The United States circuit and district courts are 
commonly called federal courts. If the judges of 
these courts desire, they may retire upon full pay 
at the age of seventy, after ten years of consecutive 
service. 

Court of Claims. — The court of claims holds its 
sessions at Washington, and consists of a chief jus- 
tice and four associate justices. It hears and deter- 
mines claims against the United States. No one 
could bring suit against the national government with- 
out permission from Congress; but a person having 
a claim against it may submit the claim to the court 
of claims for trial, and, if the claim is declared legal 
and just, it is usually paid by act of Congress. 

Other Courts. — The District of Columbia has six 
supreme court justices and three justices of a court of 
appeals. Their jurisdiction is similar to that of the 
United States district courts and circuit courts of 
appeals, but is confined to the District of Columbia. 

Territorial courts consist of a chief justice and two 



154 



THE UNITED STATES. 



associate justices, who hold their offices for a term 
of four years, unless removed by the President. A 
territorial court holds its sessions in the Territory 
for which it is constituted, and has jurisdiction of 
cases arising under the laws of Congress and the laws 
passed by the territorial legislature. 

Appeals are taken from the courts of the District 
of Columbia and from the territorial courts to the 
supreme court of the United States. 

A United States commissioner's court consists of 
a commissioner appointed by the judge of the dis- 
trict court. The chief duties of this court are to 
arrest and hold for trial persons charged with offenses 
against the United States, and to assist in taking 
testimony for the trial of cases. A judge of a State 
court or a justice of the peace may act as United 
States commissioner, but while engaged in such 
duties he is an officer of the United States, and not 
of the State. 

Term of Service. — Justices of circuit courts, dis- 
trict courts, the court of claims, the courts of the Dis- 
trict of Columbia, and of the territorial courts, are 
appointed by the President and confirmed by the 
Senate. The justices of these courts, except of 
the territorial courts, hold their offices during life, 
unless impeached. This life tenure of office, and 
the provision that a salary of a justice shall not be 
reduced during his term, render the courts of the 
United States independent of Congress and public 
opinion, and tend to preserve the purity and dignity 
of their decisions. 

The salary of a judge of the circuit court is seven 



JUDICIAL DEPARTMENT. 



155 



thousand dollars ; that of a judge of a district court 
is six thousand dollars ; that of a justice of the court 
of claims is six thousand dollars, except the chief jus- 
tice, who receives six thousand five hundred dollars; 
that of a justice of the court of appeals of the Dis- 
trict of Columbia is seven thousand dollars, except 
the chief justice, who receives seven thousand five 
hundred dollars ; and that of a justice of the supreme 
court of the District of Columbia is six thousand 
dollars. 

Officers of Courts. — The United States district 
and circuit courts have grand juries and trial juries, 
who perform duties similar to those of juries in State 
courts. With the consent of the Senate, the Presi- 
dent appoints for each district a United States dis- 
trict attorney and a United States marshal, who are 
also officers of the circuit court. 

The district attorney represents the United States 
in all civil cases to which it is a party, and is the 
prosecuting officer in criminal cases. 

The marshal \s the executive and ministerial officer 
of the court, with duties similar to those of a sheriff. 

The supreme court of the United States appoints 
a reporter, who reports — that is, edits and publishes — 
its decisions. This court also appoints its own mar- 
shal. The decisions of the circuit court and district 
court are reported by the judge, or by an attorney 
under the judge's sanction. Each court appoints a 
clerk, who keeps a record of its proceedings ; gives a 
history of each case ; notes all orders, decisions, and 
judgments; has charge of all money paid ; and keeps 
and fixes the seal of the court. 



!j6 THE UNITED STATES. 

The circuit courts of appeals appoint their own 
marshals and clerks. The duties of these officers are 
similar to those performed by the marshal and clerk 
of the Supreme Court. The circuit courts of appeals, 
have no reporters. 

SUGGESTIVE QUESTIONS. 

1. Who is chief justice of the United States, and of what 
State is he a citizen ? 

2. Why should a judge hold his position during a long term 
of years ? 

3. This State is a part of what United States circuit ? 

4. What justice represents this circuit in the supreme court ? 

5. Who is judge of the United States district court of this 
district ? 

6. Why can no person bring suit against the United States 
except by special act of Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the jury system should be abolished. 



PART II. 

CHAPTER XV. 
GOVERNMENT. 

Government is defined as rule or control. It is 
that which governs, and also the act of governing. 
In its political sense, it means the supreme author- 
ity of a State or other political community, or the 
act by which this authority is applied. It is some- 
times said to be a system of institutions for the 
restraint of people living in the social state or social 
condition. 

The word govern is derived from a Latin word 
which first meant to steer the ship, and then very 
naturally came to mean to guide, to direct, to com- 
mand. 

14 The comparison of governing with steering is a 
very happy one," for the interest of him who steers 
is the same as that of the people in the ship : " all 
must float or sink together." So the interest of 
those that govern, of those that guide u the ship of 
state," as we often express it, is the same as that 
of the people.* 

Origin and Necessity. — The origin of government 
is unknown ; its beginning can not be traced. People 

* Fiske's Civil Government of the United States. 

(157) 



158 GOVERNMENT. 

everywhere, in all the varying degrees of civilization, 
recognize the necessity of a supreme authority, to 
whom all owe and render obedience. 

Men can not long live in the same vicinity without 
some kind of political organization. Without some 
sort of government — that is, some supreme power to 
settle disputes — the people would be in continual 
warfare ; there could be no security to person or 
property ; each individual could look to himself alone 
for safety ; " his hand would be against every man, 
and every man's hand against him. ,, 

Wherever men are found they live under some 
form of government, however rude and imperfect. 
In all parts and in all ages of the world they have 
seen the necessity of some power to protect the weak 
and restrain the strong, and have therefore set up a 
supreme authority for the common welfare. 

A body of people living under government is called 
society, and the agreement existing between them, for 
their common welfare, is called the social compact. 

Men are so constituted that society is necessary to 
their happiness. Therefore they seek the social state 
and join the social compact, thus agreeing to be gov- 
erned by law and order. 

For the People. — Government is for the people, 
and not for the rulers. Officers, the highest and the 
lowest, are merely the servants of the people. 

All governments derive their just powers from 
the consent of the people, and are established and 
maintained for their good. All powers which are 
exercised without the consent of the people are un- 
just and tyrannical. 



FORMS OF CIVIL GOVERNMENT. 



159 



Kinds. — Government is of two kinds, civil and 
military. 

Civil government is the government of civil society, 

or the government of the people in a peaceful 

state. 
Military government is the government of men in 

a state of war. It prevails, in the army and 

the navy, and sometimes in districts which are 

the scenes of military operations. 
Military government is conducted by the rules of 

martial law, and in its penalties and exactions is 

much more severe than civil government. 

FORMS OF CIVIL GOVERNMENT. 

There are many forms of civil government, but 
they may be reduced to three principal systems : * 

1. Monarchy : government by one person. 

2. Aristocracy : government by a few persons. 

3. Democracy : government by the people. 
Every government is either one of these forms or 

is composed of two or more of them. 

Monarchy. — A monarchy is a government whose 
chief authority is vested in one person, usually called 
king, queen, emperor, empress, or prince. Mon- 
archies are absolute or limited. 

In an absolute monarchy there is no limit to the 
power of the monarch ; his wishes are the laws of the 
people. The people are his property, and in his per- 
son are combined all the powers of government, legis- 
lative, executive, and judicial. Russia is the only 
civilized nation whose government is still an abso- 
lute monarchy. 



1 60 GO VERNMEN T. 

In a constitutional monarchy the sovereign, or chief 
ruler, must govern by laws made by a representative 
body elected by the people. England and Germany 
are constitutional monarchies. 

In an hereditary monarchy the sovereign inherits 
the ruling power, usually from his father. 

In an elective monarchy the sovereign is elected for 
life, usually by the dignitaries of other nations. 

A patriarchy is a monarchy in which the chief 
power is exercised by a patriarch, or father. The 
authority of the patriarch is confined to his tribe. 
This form of government was common in ancient 
times, before tribes were combined into nations. 

A theocracy is a monarchy whose rulers claim to 
be under the direct guidance of God. The govern- 
ment of the ancient Hebrews was a theocracy. 

Aristocracy. — An aristocracy, sometimes called 
oligarchy, is a government in which the supreme 
authority is vested in a privileged few, distinguished 
by their wealth and social position. 

The privileged class are usually called nobles. 
They are above the common people in rank and bear 
titles of honor. These titles are mostly inherited, 
but are sometimes conferred upon persons by the 
sovereign. 

An aristocracy never exists by itself ; it is always 
combined with some other form of government, 
usually with a constitutional monarchy. The gov- 
ernment of England is partly aristocratic ; the House 
of Lords, one of the bodies of Parliament, being 
composed of nobles. 

Democracy. — A democracy is a " government of 



FORMS OF CIVIL GOVERNMENT. x 6l 

the people, by the people, for the people." It is a 
government by many, instead of by one or by a few. 
Hereditary titles are inconsistent with democratic 
government, and therefore never exist in a democ- 
racy. 

A pure democracy is a government conducted by 
the people in person. It is practicable only in a 
political community so small that all the people may 
assemble at the seat of government. The New Eng- 
land " town meeting " is almost the only example of 
a pure democracy in the world at the present time ; 
certainly the only example in the United States. 

A republic, or representative democracy, is a govern- 
ment conducted by representatives elected by the 
people. 

The United States, Mexico, France, Switzerland, 
and all South American nations are republics, and 
the republican principle of government is growing in 
popularity throughout the civilized world. 

No form of government is equally good for all peo- 
ples. A certain form may be good for one country 
and bad for another country. A republic, which is 
the best government for a well-educated and virtu- 
ous people, is the worst for an ignorant and depraved 
people. 

The excellence of a republican government depends 
upon the knowledge and virtue of its citizens. The 
people are the rulers, and, if they are wise and virtu- 
ous, they will rule well ; if they are ignorant and de- 
praved, they will rule ill. Therefore the hope of a 
republic like ours is, that its people will continue to 
grow wiser and better. 

Pet. C. Go — ti 



1 62 GO VERNMENT. 



SUGGESTIVE QUESTIONS. 

1. Why is military government more severe than civil gov- 
ernment? 

2. Could society exist without law ? Why ? 

3. Why is a republic a bad form of government for an igno- 
rant people ? 

4. Are the people of the United States growing wiser and 
better ? 

5. Is this State improving in civilization ? 



CHAPTER XVI. 
JUSTICE. 

The object of government is to protect the people, 
and to render justice to them. Justice is the security 
of rights. A right is a well-founded claim ; that is, 
a just claim of one person upon other persons. 

Rights are the most important things that a person 
can possess, because his happiness depends upon 
them. They are real things, for whose protection 
governments are instituted. The kind and extent of 
the rights recognized and protected in any country 
determine the form of its government. As a rule, 
there is more freedom among citizens of a republic 
than among those of other governments, because a 
republic guarantees more rights. 

RIGHTS AND DUTIES. 

People have many rights, and they have as 
many duties. Each right given to a person is a 
trust placed in his hands for him to discharge. A 
right implies a duty, and a duty implies a right. 
Rights and duties go hand in hand. For example, 
children have a right to the protection of their 
parents, and this implies that it is the duty of chil- 
dren to obey their parents. 

Civil Rights and Duties. — Rights and duties are 
civil and political. Civil rights are sometimes called 
inalienable rights, because they can not be justly 

(163) 



164 JUSTICE. 

taken away except as a punishment for crime. They 
are chiefly those rights with which we are endowed 
by nature. They are not conferred by any earthly 
power, but are given to every human being at his 
birth. They are called civil rights, because they 
belong to the citizen in his ordinary daily life. 
Among civil rights are : 

1. The right to personal security ; that is, the right 
to be free from attack and annoyance ; 

2. The right of personal liberty ; that is, to go 
when and where he pleases, provided he does 
not trespass upon the rights of others ; and 

3. The right of private property ; that is, the right 
to use, enjoy, and dispose of what he has ac- 
quired by labor, purchase, gift, or inheritance. 

The greater part of these rights belong to men 
whether living in society, that is, under government, 
or living without government. Their natural rights 
are more extensive without society than with it, but 
are far less secure. Without government natural 
rights are unlimited ; each person may lay claim to 
all land and to all it produces, provided he is strong 
enough to maintain his claim by force. 

When men join the social compact, they agree to 
abandon some of their natural rights, in order to be 
protected by the government in those which they 
retain ; that is, each person agrees that in making his 
own claims he will have due regard for the similar 
claims of others. 

In entering the social compact, men also agree to 
submit their personal claims to settlement by the 
law, instead of going to war to maintain them. They 



RIGHTS AND DUTIES. 1 65 

agree to refer their disputes to courts established for 
that purpose. As a rule, under government, right 
prevails ; without government, might prevails. 

Civil rights are divided into industrial rights, social 
rights, and moral or religious rights. 

Industrial Rights and Duties. — It is the right 
and duty of each person to provide in his own way, 
providing it is legal and honest, for himself and those 
dependent upon him. All business transactions ; 
the search for homes, comforts, and wealth ; agri- 
culture, manufacturing, mining, and commerce ; the 
conduct of all professions, occupations, and indus- 
tries ; the interests of farm laborers, operatives in 
factories, miners, clerks, and all persons engaged in 
mental or physical labor, are based upon industrial 
rights and duties. 

The wages of people, the hours of labor, railway 
and telegraph lines, canals, express companies, other 
common carriers, the various kinds of employment, 
and the organization of men in different branches 
of industry to advance their interests, are questions 
affecting industrial rights. These rights underlie all 
efforts of people to improve their financial condition. 

Social Rights and Duties. — Each member of 
society has rights as such, and these are called social 
rights. They include the rights of personal security 
and protection. They underlie all efforts for the 
improvement of the social condition of the people. 
Society is interested in better schools, in public 
health, in the reformation of criminals, in good high- 
ways and streets, in safe buildings, in well-lighted 
cities and villages, in the maintenance of charitable 



166 JUSTICE. 

institutions, in the establishment of sources of harm- 
less amusement, and in the preservation of peace 
and order. 

The comfort and convenience of the public are 
even more important than the comfort and con- 
venience of any person. Therefore, individual rights 
must yield to public rights when the two conflict. 
For example, the land of a private citizen may be 
condemned by the proper authorities, and be used for 
public highways or other public purposes. The gov- 
ernment pays the owner of the property condemned, 
but usually less than his estimate of the value. 

This right of society, existing above the right of 
any of its members, is called the RIGHT OF EMINENT 
DOMAIN. By it individual rights must yield to the 
rights of society, of the government, or of a corpora- 
tion. A corporation is an association of individuals 
authorized by law to transact business as a single 
natural person. Railway companies, banks, char- 
tered cities and villages, and the counties of some 
States are corporations. 

Moral Rights and Duties. — Man is amoral being; 
that is, he is conscious of good and evil. Therefore 
he has moral rights and duties. 

He has rights of conscience, with which it is not 
the province of government to interfere. He natu- 
rally worships a Being superior to himself, and feels 
the obligation to deal justly with his fellow-men. He 
has a right to do and say all things which are not un- 
lawful or wrong within themselves. It is his right 
to worship when he pleases, whom he pleases, and as 
he pleases. 



RIGHTS AND DUTIES. \§j 

The moral rights and duties of the people are con- 
cerned in the maintenance of religion, the support 
of churches, in reverence for things sacred, in acts of 
charity and benevolence, in living an upright life, and 
in teaching lessons of morality, honesty, industry, and 
usefulness. Whatever is implied in the word ought, 
correctly used, is a moral duty. 

Political Rights and Duties. — By the social com- 
pact, men also agree to abandon a part of their natu- 
ral rights in order to participate in the government. 
They agree in part to be governed by others, in 
order that in part they may govern others. The 
rights of participation in the government, such as 
voting and holding office, are called political rights, 
because they affect the public policy of society. 

Political rights do not belong to men by nature, 
but are conferred by government. Within reasonable 
bounds, they may be enlarged or restricted without 
injustice. Since they are conferred by the govern- 
ment, the power to vote and to hold office is a privi- 
lege to be enjoyed rather than a right to be asserted. 

In the United States the political rights of the 
people are carefully set forth in the Constitution. 
The smallest functions of government, such as the 
size and color of a postage stamp, or the employment 
of a page in the State legislature, touch the political 
rights of the citizen. Appointment and elections to 
public office, the enactment of laws, and the perform- 
ance of public duties are questions of political con- 
cern. 

Good laws, good administrations, and the perpetu- 
ity of the government itself, depend upon the man- 



168 JUSTICE. 

ner in which the people discharge their public duties. 
A man who habitually fails to vote and to take inter- 
est in the political affairs of his country may be a 
good man, but he is certainly a bad citizen. 

To be a good citizen is to aid intelligently in giving 
the people good government. For a man to hold 
himself aloof from politics, unless his action is based 
upon conscientious scruples, shows his interest in- 
himself, and his lack of interest in his country. 

SUGGESTIVE QUESTIONS. 

1. Why does happiness depend upon the maintenance of 
rights ? 

2. How do persons born under government agree to be gov- 
erned by the laws ? 

3. If the claims of people as to their rights conflict, how is 
the difference settled ? 

4. What is meant by the phrase " common carrier" ? 

5. Is it right for men to hold aloof from public affairs because 
there is corruption in politics t 



CHAPTER XVII. 

LAW AND LIBERTY. 

THROUGH law rights are secured, and the perform- 
ance of some duties is enforced. Law is a rule of 
action, prescribing what shall be done and what shall 
not be done. Laws exist for the purpose of securing 
the rights of the people. The enjoyment of rights is 
liberty. 

As the enjoyment of rights depends upon their 
security, and as they are secured by law, therefore 
liberty is based upon law. Without law there could 
be no political liberty, and the civil liberty of the 
people would be narrow and uncertain. It may be 
said, therefore, that there can be no true liberty with- 
out law ; but laws may be so many and so stringent 
that there can be no liberty. Liberty and just laws 
are inseparable. 

Liberty and rights are of the same kinds, industrial, 
social, moral or religious, and political. The words 
"rights," "law," and " liberty" are full of meaning, 
and in a free country suggest ideas of the deepest 
reverence. 

Origin. — The laws of the country are partly human- 
and partly divine. They were framed by man, but 
some of them are based upon the laws of God. Some 
are of recent origin, and many are so ancient that 
their beginning can not be traced. When men began 
to live in society, they began to make laws, for laws 

(169) 



170 



LAW AND LIBERTY. 



at once became necessary. Laws are undergoing con- 
stant changes, as new conditions arise and new cus- 
toms prevail. 

KINDS OF LAW. 

The moral law prescribes our duties to men, and also 
to God. It is summed up and revealed in the Ten 
Commandments, and is the same as the law of nature 
taught us by our consciences. 

The common law consists of the principles and rules 
of action applied by the courts in cases not regulated 
by express legislative acts. It is the unwritten law 
which has been practiced for ages in England and the 
United States. In all States of the Union, except 
Louisiana, cases not covered by the acts of the legis- 
lature are tried by the common law. 

The civil law is the law that prevailed among the 
ancient Romans. It is still in use among most of 
the nations of continental Europe. In Louisiana it 
is applied to cases not covered by the laws of the 
legislature. The words civil law are sometimes used 
to denote the law governing civil suits. 

Statute law consists of the acts passed by legis- 
lative assemblies. The words are used to denote 
the opposite of common law. The enactment of a 
statute by a State legislature repeals the common 
law previously in force upon the same subject. 

International law, often called the lazu ofnatio?ts, 
consists of the rules and customs prevailing between 
civilized nations in their relations with one another. 
It is based upon the law of nature, the law of right 
and wrong. 



KINDS OF LA W. 



171 



Criminal law is the law governing criminal cases. 
It is partly common law and partly statute law. 
" Ignorance of the law excuses no one." 

Parliamentary law consists of the rules and cus- 
toms governing parliamentary assemblies. It pre- 
vails in all law-making bodies, in conventions and 
deliberative meetings. 

Martial law is the law which regulates men in 
military service. It prevails in the army and the 
navy. The courts which apply it are called courts 
martiaL Martial law is noted for its severity. 

Maritime law, or marine law, is the law especially 
relating to the business of the sea, to ships, their 
crews, and navigation. The courts of maritime law 
are admiralty courts. 

Commercial law is a system of rules for the regula- 
tion of trade and commerce. It is deduced from the 
customs of merchants. 

Courts. — Laws are administered, that is, explained 
and applied, by means of courts. A court is a body 
organized for the public administration of justice. 
A court may consist of a single judge or justice, or 
of a number of judges acting together. 

A court can administer the laws only in cases 
which are brought before it. The highest court in 
the land can not make an order or render a judgment 
until the question comes %o trial in a regular way. 

Suits. — Suits at law are called causes, cases, or 
actions. 

A civil cause is a suit between persons, brought to 
recover rights or to secure compensation for their 
infraction. 



1^2 LAW AND LIBERTY. 

A criminal cause is a charge brought by a State or 
by the United States against a person for the com- 
mission of a crime. 

The plaintiff is the person who brings the suit. 
The defendant is the person against whom the suit is 
brought. 

In all criminal cases in State courts, the State is 
the plaintiff ; in other words, society prosecutes the 
offender in the name of the State. In criminal 
cases in the United States courts, the United States 
is the plaintiff. 

Judges. — The judge represents the majesty of the 
law, and is often called the court. He maintains the 
dignity of the trial, determines the method of pro- 
cedure, interprets the law, instructs the juries, ren- 
ders judgment, and in criminal cases passes sentence 
upon the offender. Judges are presumed to be 
learned in the law, and to be perfectly just and 
impartial in their rulings. 

Juries. — Most of the courts of this country have 
two juries, called respectively grand jury and trial 
jury {ox petit jury). 

The purpose of the grand jury is to investigate 
crime, and to present charges, called indictments, for 
trial by the court. The number of grand jurors to 
the court varies in different States, being not more 
than twenty-four and not less than twelve. The 
grand jury has a foreman, elected by it, or appointed 
by the judge of the court. 

The grand jury inquires into violations of the law, 
and if, in the judgment of twelve jurors, the evidence 
in a particular case warrants a trial, a formal written 



KINDS OF LA W. 



173 



charge is prepared, and the foreman indorses thereon, 
"A true bill" Upon this indictment the offender is 
tried by the court. 

In a few States grand juries are rarely if ever 
called, the indictment being found " on information" 
or on evidence presented to a court commissioner. 

A trial jury usually consists of twelve men, but in 
some States a smaller number may be accepted by 
the judge of the court, in certain cases, by the agree- 
ment of the counsel upon the opposing sides. The 
trial jury hears the testimony and argument, and 
then decides upon the truth of the facts in dispute, 
and renders a verdict or decision in the suit, and in 
criminal cases convicts or acquits. 

In some States all the jurors must agree, or there 
is no verdict. In other States the jury may render 
a verdict by the agreement of less than the whole 
number of jurors. Under certain regulations a party 
to a suit may challenge, that is, reject, a part or all of 
the jurors, and have others selected in their stead. 

Origin of Juries. — Grand juries and trial juries 
are of great antiquity. It is thought that they ex- 
isted among the Saxons in the north of Europe 
before they invaded and settled England, more than 
fourteen hundred years ago. The jury system and 
many other political institutions of the United States 
are derived from England. 

Both the grand jury and the trial jury are firmly 
grounded in this country, being recognized in the 
constitutions of nearly all the States and the Con- 
stitution of the United States, and are regarded as 
among the strongest supports of a free government. 



174 



LAW AND LIBERTY. 



Officers of Courts. — Each court has one or more 

ministerial officers, variously designated as constable, 
sheriff, tipstaff, or marshal. Each court also has one 
or more clerks, and sometimes other officers. Attor- 
neys are considered officers of the courts in which 
they practice. They usually represent the plaintiff 
and the defendant in court and are then called counsel. 

Legal Proceedings in civil cases begin by the court 
issuing a writ, at the instance of plaintiff, summoning 
defendant to appear. The defendant responding, 
pleadings are filed — the claims of plaintiff, and answer 
or demurrer of defendant. If these disagree as to 
facts, the court subpoenas witnesses. In the presence 
of judge and jury, the plaintiff states his case and the 
defendant his defense, witnesses are examined and 
cross-examined, and the case is argued. The judge 
then charges the jury — summarizing the evidence and 
indicating points to be decided ; the jury retire to 
prepare their verdict, which is announced and re- 
corded as the judgment of the court. 

In criminal cases the accused may be arrested on a 
grand jury indictment or a magistrate's warrant. Un- 
less the crime is murder, the accused may be released 
upon bail until trial, which proceeds as in civil cases. 

SUGGESTIVE QUESTIONS. 

1. Why does the State prosecute offenses, instead of leaving 
this duty to private persons ? 

2. What is meant by passing sentence upon an offender? 

3. Do you believe in the jury system, or in the trial by several 
judges sitting together ? Why ? 

4. Have you ever seen a court in session ? 

5. In this State a grand jury has how many members ? 



CHAPTER XVIII. 
SUFFRAGE AND ELECTIONS. 

Suffrage. — The most important political right is 
the right of suffrage ; that is, the right to vote. As 
the government exists for the benefit of the gov- 
erned, the purpose of suffrage is to place it under 
their control. It gives each qualified voter a voice 
in public affairs, and places the country under the 
rule of the people. 

As the interests of the voters and their families are 
the same, and as the voters represent these interests, 
the whole people, including women and children, 
have an influence in the government. The whole 
machinery of the State and of the United States is 
in the hands of those who do the voting. 

Importance. — The importance of this right can 
scarcely be overestimated. It constitutes the differ- 
ence between a free country and a despotism. There 
can be no freedom unless the right to vote resides in 
the people ; nor can there be good government unless 
this right is exercised with an intelligent regard for 
the public welfare. Yet vast numbers of voters never 
realize the power they wield or the great responsi- 
bility it entails upon them. 

Elections. — The right of suffrage is exercised by 
means of elections. An election is the direct method 
of ascertaining the will of the people upon public 
affairs. They are held for the purpose of giving 

U75) 



I76 SUFFRAGE AND ELECTIONS. 

the people opportunity to express their choice in 
the selection of officers, and thus to make known 
their will upon questions of public concern. 

Methods of Voting — There are two methods of 
voting — by ballot and viva' voce. A man votes by 
ballot by handing to the election officers a ^lip of 
paper containing the names of the candidates voted 
for, and the office to which each aspires. The officers 
of the election deposit the ballots in a box called the 
ballot-box. A man votes viva voce by announcing to 
the officers the name of the candidate of his choice, 
and having it recorded upon the polling-list. 

The viva voce method was once considered the 
better ; but voting by ballot is rapidly growing in 
favor, and bids fair to become general throughout 
the United States. 

The Australian system provides at each polling- 
place a private apartment, called a booth, where each 
voter in private prepares his ballot from a printed 
list of all the candidates, and then hands it to the 
officers, who deposit it in the ballot-box.* 

Officers of Elections — The officers of elections 
at each polling-place are usually two or more super- 
visors, inspectors, or judges; a clerk; and a sheriff, 
marshal, or other officer of the peace. 

The supervisors or inspectors decide who are en- 
titled to vote under the law, and when the election 
is by ballot they deposit the ballots in the ballot- 
box. 

The clerk makes a list of the names of voters, 

* For details regarding this system see Chapter XIX. 



ELECTIONS. 



177 



and when the election is viva voce he records the 
votes. 

The sheriff or other peace officer preserves order 
at the polls, has charge of the ballot-box and polling- 
list after the election closes, and delivers them to the 
proper authorities. 

In-most States, at the close of the election the 
officers canvass, that is, examine the votes cast, and 
certify the number of votes received by each candi- 
date. 

In some States the ballot-box is sealed at the close 
of the election, and delivered to the canvassing board 
of the county. In such cases the canvassing board of 
the county canvasses the vote, and in State and na- 
tional elections sends returns to the canvassing board 
of the State at the State capital. 

In some States election officers are appointed by 
the county officers, usually by the county judge or 
probate judge ; in other States they are elected by 
the people. 

Bribery. — Bribery in elections is one of the serious 
evils of politics. Bribery is offering or receiving a 
reward for voting. In most States, in addition to 
other penalties, persons convicted of giving or taking 
bribes are disfranchised ; that is, are not permitted to 
vote thereafter. In ancient Athens a man convicted 
of corrupting a voter suffered the penalty of death. 

The selling of a vote is regarded as one of the 
most infamous crimes that men can commit. Not 
even the conviction of theft so lowers a man in public 
esteem as a conviction of selling his vote, for bribery 
savors of both theft and treason. To sell his suffrage 

Pet. C. Go.— 12 



178 SUFFRAGE AND ELECTIONS. 

is to sell his manhood, his country, and his convic- 
tions. Most men who sell their votes do it through 
ignorance; they are not aware of the enormity of 
the crime. He who knows its infamy, and yet bar- 
ters his suffrage for money, is unworthy of the small- 
est trust, or even of the recognition of honest men. 

SUGGESTIVE QUESTIONS. 

1. In what way are voters responsible for the government 
of the country ? 

2. Do you believe in frequent elections ? Why ? 

3. Do you believe in public voting or in secret voting ? 
Why? 

4. Why should election officers be fair and honest men ? 

5. What do you think of vote-buying and vote-selling ? 



CHAPTER XIX. 
TEE AUSTRALIAN BALLOT SYSTEM. 

Origin. — The idea of the secret ballot system, now 
known under its various modifications as the Austra- 
lian Ballot System, was first proposed by Francis S. 
Dutton, member of the legislature of South Australia 
from 185 1 to 1865. At that time the vices frequently 
accompanying open elections had begun to flourish 
in Australia. Bribery, intimidation, disorder, and 
violence were the order of all election days. The 
plan was elaborated, and 'became a law under the 
name of the " Elections Act " in 1857. 

The beneficial results of this method soon became 
evident to other countries, and the movement spread 
to Europe, Canada, and the United States. 

In the United States. — A similar system to that 
originally adopted in Australia was first introduced 
into the United States by its adoption by law in the 
State of Massachusetts in 1888. The next year the 
legislatures of Indiana, Montana, Rhode Island, Wis- 
consin, Tennessee, Minnesota, Missouri, Michigan, 
and Connecticut passed laws providing for new sys- 
tems of voting, more or less resembling the Australian 
system ; and now their example has been followed 
by almost all the other States. In Kentucky the 
system was adopted for the city of Louisville in 1888. 

Principles. — Although there are many modifica- 
tions of detail in the statutes of the various States, 

(179) 



l8o THE AUSTRALIAN BALLOT SYSTEM. 

there are two essential features of the ballot-reform 
system which are everywhere observed : 

First, An arrangement of polling, by which com- 
pulsory secrecy of voting is secured, and intimidation 
or corruption of voters is prevented. 

Second, One or more official ballots, printed and 
distributed under authority, on which the names of 
all candidates are found. 

Requirements. — The following are the require- 
ments of the system : Ballots must be provided by 
public expense, and none but these ballots may be 
used. On these ballots should be printed the names 
of all candidates who have been nominated previously 
to the election, with the names of the offices for 
which they have been nominated and of the parties 
they represent. 

There are two forms of ballots : the blanket ballot 
and the individual ballot. The former is arranged in 
some States so as to group candidates by parties, and 
in other States by the offices for which, they are nom- 
inated. In many cases the names of candidates are 
alphabetically arranged, so that there can be no accu- 
sation of giving one party or candidate precedence as 
to position on the ticket. In a few cases, the name 
of the party to which the candidate belongs does not 
appear on the ballot at all, but only the name of the 
office for which he has been nominated ; but in most 
cases the name of each party is printed either at the 
head of the ticket or opposite the name of each can- 
didate, or in both places. 

Where individual ballots are used, a separate ballot 
is printed for each party or independent ticket. 



THE AUSTRALIAN BALLOT SYSTEM. 



181 



Voting. — Special sworn clerks are engaged to dis- 
tribute these ballots to voters at the polls. 

The voter is allowed a limited time — say five or 
ten minutes — to retire into an election booth erected 
for the purpose, to make his choice of candidates or 
ballots. If the blanket ballot is in use, he does this 
by placing a cross opposite the name of the desired 
candidate or list of candidates ; or by crossing out 
all others ; or by means of pasters for the substitu- 




AKRANGEMENT OF POLLING PLACE AS REQUIRED BY MASSACHUSETTS LAW. 



tion of names. If individual ballots are provided, 
he selects the one he prefers, or corrects it to his 
liking by pasting upon it a single name or an entire 
ticket. If he prefers, he may write the names of 
candidates of his own nomination in place of those 
already printed. He, then, without communicating 
with any one, deposits his ballot as his vote. Only 
one man is allowed to enter a booth at a time, and 



!g 2 THE AUSTRALIAN- BALLOT SYSTEM. 

none but the ballot clerks and the man about to 
deposit his ballot are allowed within the enclosure 
erected for the purpose. 

In most States the booths are separated one from 
the other merely by partitions, as indicated in the 
cut ; but in a few States each booth is a separate 
compartment with a door, which is closed to prevent 
even a suspicion of any external observation. 

In many States, assistance is rendered to the illit- 
erate or the blind. In some cases, in order to aid 
those who can not read, each party adopts a device, 
as an eagle or a flag, which is printed on the ballot. 
In most States a voter who declares that he can not 
read, or that by some physical disability he is unable 
to mark his ballot, may receive the assistance of one 
or two of the election officers in marking it. 

Every ballot must be strictly accounted for. If 
any person in preparing a ballot should spoil it, he 
may obtain others, one at a time, not exceeding three 
in all, provided he returns each spoiled one. All bal- 
lots thus returned are either immediately burned or 
else cancelled and preserved by the clerk. 

Advantages. — The advantages which have already 
accrued from the adoption of these laws are manifold : 

First, A secret ballot offers an effectual preventive 
against bribery, since no man will place his money 
corruptly without satisfying himself that the vote is 
placed according to agreement. 

Second, It secures the voter against the coercion, 
solicitation, or intimidation of others, and enables 
him to vote according to the dictates of his con- 
science. 



THE AUSTRALIAN BALLOT SYSTEM. 183 

Third, Bargaining and trading at the polls is pre- 
vented, and with these much tumult, riot, and dis- 
order must of necessity disappear. 

Fourth, Money is made less of a factor in politics, 
and the poor man is placed on a plane of equality 
with the rich as a candidate. 

In addition to these obvious advantages, the ballot 
reform movement promises to have much wider ef- 
fects, and to pave the way and lay the foundation for 
other political reforms. 

Forms of Ballots. — On pages 185, 186, and 187 
are given forms of ballots and other matter illustrating 
various methods employed in carrying out the ballot 
laws of the States. It will be observed that each of 
these three ballots is representative of a different 
method. 

First, In the Louisville ballot, no party name ap- 
pears, and the ballots are numbered consecutively to 
prevent duplication or fraud of any kind. On this 
form of ballot, which most resembles that used in 
Australia, the individual candidate is made promi- 
nent, and party connection does not appear at all. 

Second, In the Massachusetts ballot, the names of 
the candidates are grouped according to office, but in 
addition to this, the party name appears opposite the 
name of each candidate. On this form of ballot, 
while the party connection of each candidate is indi- 
cated, greater prominence is given to the individual, 
and the voter is required to make choice of a candi- 
date for each office separately. He cannot vote a 
straight ticket by a single mark. 

Third y In the Indiana ticket, the names are grouped 



1 84 THE AUSTRALIAN BALLOT SYSTEM. 

according to party, not according to office, the party 
name appearing at the head of the ballot as well as 
at the side of each name. On this form of ballot, 
the party connection of the candidate is made most 
prominent, and while provision is made for voting 
for individuals representing different parties, still the 
voting of a straight ticket is made most easy. 

Some one of these three forms is almost universally 
used wherever the ballot reform has been adopted. 

A fourth form, namely, that of the individual ballot 
as used in the State of New Jersey, can not be here 
shown, as a separate ballot is required for each party 
or each independent nomination. These separate 
ballots are all official, and are furnished at public 
expense ; but the use of an unofficial ballot is prac- 
tically allowed, since the voter is permitted to take 
to the voting booth a paster ballot containing a com- 
plete party ticket, printed and furnished at party 
expense. This he can paste over the official ballot 
and deposit as his vote. 







**.§> 


^S 


C 




tCD 
















fe 


CN3 












*>j 


S 


ja 










3 


J9 


CS3 










"3& 


G9 


S 

3 


CS3 

0=3 








03 
en 


E 

Z3 


CO 












s 




to 


CO 








O 
O 


Z 












•^ 
































DDHDD 


SSDD 


~H 




D 


►* 






X 






fc 














a 

£ 






6 


M 






CO 


> 


to 




O 








O 






> 






X 


U 




CO 


w 

> 

4j 


< 

►J 





< 
U 

»-^ 

CO 

< 








g 

3 





D 

H 

< 

CO 

3 


>n O "D OJ 
BOJ C C 


> 
O 

Q. 


en 
i— « 




O 


co 




£ 


3 








O 


6 






^< (0 


03 


o_ 

03 


P 




E 


£> 


< 


< 


ffi 












«j r 


JX. 


>^ 


r 


o 
o 




JO 

go 

15 

71 

to 
09 



OJ 


O -s 

-5 
O a 





CO 


s 


H 




1— 1 


K : 




CO 

H 
O 


:t of the Gener 
:ucky, entitled 
of Public Pa 


O 

C 
1) 

> 

CO 


<D 






c 

nj 

..J 

3 

'J 








C/3 r »- 


E 

id 

co 



jc 

M- 
O 


h 
U 

w 


c 
> 




O 3 

£ 
> ^» 










□ Ell 


H 






z 


w "!_ *-> 

»*- **: -c 

O O .w 

+-> ^: _q 


3 

_J 




C 
O 

E 

CD 

c 


w 


« 












W 


W 






h 


S - ^ 


>> 


cd 




oJ 


2 










w 


J 






< 


•8 5 


^ to 


5 


E 


h 




•3 


M 










Pi 


> 

H 






ti 


<D 1 


9 <d 


"D 


< 





Q 










Pi 


CO 






Z 


c < 


15 




C 


Q 


X 


CO 

D 










O 


P4 

53 






P 


.5 1 

i5 L 


- -♦-• 


O 


c 


CO 




2 










O 






CO 




^ CJ ^ 


-^ 


0) cT> 

E 00 


D 




S 











P4 


— 
PC 






D 

s 






c 

U 


0) 

^>" 


en 




b« 












T 






L»- O 


c\3 


Q- 3* 


H 
















s. 






O Q- 


c3 


£ 2 


o 
















Cz, ri 






h 










j 
j 
















S 












































< 






























_ 




CO 






UJ 










UJ 














UJ 

p 










BD 










Z 






















*^ 








DC 




UJ 






V 




ec 


UJ 








1 

.8 

1 

1 


S 

=3 
Z 
UJ 

> 

a 


UJ 
CO 

O 


CO 
CO 
CO 


UJ 

»- 
O 

> 

u. 



UJ 

< 

z 






CO 

UJ 

oe 

a 

UJ 

oe 

UJ 

CO 

CD 
UJ 






ja 
E 
z 

V 

_> 

i 

c 





eo 

CO 
OS 


UJ 

t— 
O 
> 
u. 


UJ 

z 




CO 

UJ 

ce 
a 

UJ 

ce 

UJ 

h- 
co 

CD 
UJ 




(185) 




O 














ce 














" 





c3 
P 

5 



4» 

■a 



1 
3 






a 



s 

ft 



CO 



o 



9 



o 
o 



03 

o 
ft 

CO 



< 

3 
.-1 







H 

m 


§ 


D 


<$ 


O 


n 


O 


6 


>H 


>< 


H 


« 


a 


z 


e 


H 



CO 

PQ 



O 



ft 
oft 

2 



! 



3 

o 

a 



o 



« 



a 
ft 



a 

o 

ft 



.© 
3 






= 
© 



fa 

a 

© 



o 



fa 

a 

I 



I 

co 

CO 

S 



O 

(186) 



3 
IS I 



H 
H 



S3 

a 
o 



3 



o 

i— i 

Ph 



I 



O 
W 
O 




ft 

of O 

£ a 



-5 w 



H S 



Pi 



3 




g 







P 


6 






a 


o 


w 








en 


Cfl 


t/i 


03 
,3 


Q 


£ 




X 


X 





m 






m 



of & 

- H 

X 



< 
X 

< 
Pn 

PQ 
< 



o 



p4 

.a < 

< b pq 

s £ 

o 



<=> o o 

g= ei: e£ 



< 
5 

o 

h 

K 
<J 



e-« £ 



ad 



5 





C/3 




•J 




Ph 


<J 






£ 


0J 

3 


£ 


fc 


a) 


o 


£ 


H 


p* 


< 




u 


f> 





[xj 




fe 


o 



o 
U 



PQ 



03 

o 




-♦—3 


a? 


> 


<k> 


rf 


w 




C/3 

'o 


a 


E^-> 


h 


<u> 






or) 


C 


w 


F-4 


V! 


« 




p 


2 


a 


E 


1 s 


-< 


<K> 


In 


j 


a 




u 






o 


<u 




rr 


C/) 


a 


■J 








en 


w 
p 


in 


< 








rn 




fc 


u 







w 


<v 


H 


-a 

3 


a 






< 


o 


0) 


PQ 


u 



£ 


Ch 


h4 


h 


X 








o 


fe 





~- o 

rt C/3 

S3 C* 

c W 

& H 



•— > 


fe 


w 


-X3 






^ 


c3_ 




B.I 


•— > 


g5_ 




^_ 


s 




GO 


V-. 


S 




o 

GO 


Ol. 




O- 


pt< 


a- 




Ol. 



w 

en 



> 

o 



a 
o 



•3 6 



a a 



6<S 



ex 



O) fa 



■1-a 



2 S 

"£.2 



3« 



go 



2! * 



3 







- 


a 


o * 


U 
u 

S 




a 
u 

H 


0) 


9 


c o 

£•5 


<u 


J 




O 


CO 


a 

3 


C 


<5 


>* 


d 


•sj 


C/; 




en 






(^ - 








c 


o 


c_c 


je 


P 


< 





M 


So 


o 


to 


a 


"< 


o 


52 o 

a) .n 
ft . 


0) 
T1 




w 

en 




[X, 


< 


1 | 



« 5 



H ° 



(187) 



188 THE AUSTRALIAN BALLOT SYSTEM. 



SUGGESTIVE QUESTIONS. 

i. What is meant by the Australian ballot system ? 

2. Name some places in the United States in which a simi- 
lar system of reform has been adopted. 

3. What are the essential principles of the system ? 

4. What are the necessary requirements for carrying out 
the law ? 

5. What is the object in providing official ballots ? 

6. Describe two kinds of polling booths used. 

7. What are the obvious advantages of the reform ? 

8. Describe the characteristic forms of ballot used in various 
States which have adopted the reform. 

9. Name one place in the United States where each form is 
used. 

10. Compare the Louisville ballot with the Massachusetts 
ballot, and note their differences. 

11. Compare the Louisville ballot with the Indiana ballot. 

12. In what respects do the Massachusetts and Indiana 
ballots differ ? 

QUESTION FOR DEBATE. 

Which system of voting is likely to secure the best public 
officers : that represented in the Louisville ballot, in the 
Massachusetts ballot, or in the Indiana ballot ? 



CHAPTER XX. 
PARTIES AND PARTY MACHINERY. 

Wherever the right to vote exists, the people 
naturally form themselves into political parties. 

A political party is an organization of voters main- 
tained for the purpose of impressing its principles 
upon the public policy of the country. Men have 
divers views as to the duties, scope, and proper meas- 
ures of the government, and these divers views lead 
to the formation of opposing parties. In a free 
country the majority must rule, and parties are the 
means by which majorities are ascertained. 

Origin. — Parties usually grow out of questions of 
legislation, rather than out of questions of executive 
management or judicial interpretation. In other 
words, a party is formed to influence the passage of 
laws, rather than their execution or their application 
by the courts. But, when parties are once formed, 
they usually extend their influence to the selection 
of officers of all grades and all departments, even the 
least important officials of a township or civil district. 

The presidential election has come to be the most 
exciting and bitter of all political contests, because 
of the large influence which the President exerts 
upon national legislation, and because of the im- 
mense patronage of his office. 

Necessity. — Parties appear to be a necessity in 
all free governments. They serve as check upon 

(189) 



190 



PARTIES AND PARTY MACHINERY. 



one another, as the party in power is responsible for 
the public policy of the country. If the people are 
dissatisfied with the party in power, they can dis- 
place it and elect another in its stead. Parties are 
therefore placed upon their good behavior, and made 
to feel their responsibility to the people. 

If there were no party organizations, many of the 
views of a candidate would not be known, and there 
could be no assurance that he would be true to the 
interests of the majority electing him. The fact 
that a public man is a member of a certain party 
shows many of the views which he entertains and 
the principles which he may be expected to support. 

Party government is often bad, but as the party 
is responsible for the conduct of all officers elected 
by it, party government, especially in legislative af- 
fairs, is better than personal government, in which 
no one but the officer himself is responsible for his 
official conduct. 

Party Machinery. — The machinery of parties in 
this country is very complex, and is closely inter- 
woven with our system of government. Each party 
must select candidates for the various offices in the 
gift of the people, in order that it may exert its 
greatest power in elections and in public affairs. 
The people in each party must have a voice in the 
selection of candidates for township offices, district 
offices, county offices, State offices, and President 
and Vice President of the United States. Therefore 
each party has a system of committees, conventions, 
primary elections, and caucuses, for ascertaining the 
choice of its members for these various offices. 



PARTY MACHINERY. 



I 9 I 



Parties and party machinery are not generally 
provided for in the law, but they exist by a custom 
almost as old as the government, and are firmly fixed 
in our political system. 

Committees. — Each of the great parties has a 
national committee, consisting of one member from 
each State and Territory, chosen by its national con- 
vention. The national committee is the chief execu- 
tive authority of the party. It calls the national 
convention, fixes the time and place for holding it, 
and the representation to which each State and 
Territory is entitled. It appoints a sub-committee 
of its members, called the campaign or executive 
committee, which conducts the political canvass or 
campaign, for the party. 

The campaign committee distributes pamphlets, 
speeches, newspapers, and other political documents 
among the voters of the country ; selects public speak- 
ers ; makes appointments for them to speak ; arranges 
for party meetings ; collects funds to bear the expenses 
of the campaign, and has a general oversight of the 
party work in all the States. 

Each party also has a State committee in each 
State, usually consisting of a member from each 
congressional district, in some States consisting of a 
member from each county ; a district committee in 
each congressional, judicial, senatorial, and represen- 
tative district, consisting of a member from each 
county composing the district ; a county committee, 
consisting of a member from each township or civil 
district; and in some States, various other commit- 
tees. 



I 9 2 PARTIES AND PARTY MACHINERY. 

Each of these committees performs for the divis- 
ion for which it is selected duties similiar to those 
which the national committee performs for the 
whole Union. 

/ Conventions. — The usual method of ascertain- 
ing the choice of a party in the selection of can- 
didates, especially for the higher offices, is by a 
convention. 

A political convention is an assemblage of the voters 
of a party, either in person or by representatives 
called delegates. If the voters assemble in person, 
the convention is called a primary or mass meeting. 

The purpose of a convention may be to select can- 
didates for office, to send delegates to a higher con- 
vention, to adopt a declaration of principles, or to 
decide upon a party policy. It is common for two 
or more of these purposes to come before the same 
convention. 

Calling Conventions. — In the year of the presiden- 
tial election, the national committee calls a national 
convention, naming the time and place, and the repre- 
sentation of each State. The State committee calls 
a State convention to send delegates to the national 
convention ; and, if a State election is approaching, 
it may direct that the convention shall also select 
candidates for State offices. In response to this call, 
the county committees order county conventions in 
all the counties of the State to send delegates to the 
State convention, and perhaps to select candidates 
for county offices. In some States the township 
committees order township conventions in all town- 
ships for the purpose of sending delegates to the 



PARTY MACHINERY. 



193 



county conventions, and perhaps to name candidates 
for township orifices. 

It will be seen that the calling of the various con- 
ventions connected directly or indirectly with the 
selection of candidates for President and Vice Presi- 
dent proceeds from the highest downward. The 
same order is observed in other conventions, the call 
always beginning with the highest committee con- 
cerned and proceeding to the lowest. 

Local and State Conventions. — The order of 
holding a system of conventions reverses the order 
of their call. It proceeds from the lowest to the 
highest. The township holds a convention and sends 
delegates to the county convention. The county 
convention sends delegates to the State convention, 
and the State convention sends delegates to the 
national convention. 

In case a convention is called in a district com- 
posed of several counties, the delegates from the 
counties assemble at a point selected by the district 
executive committee. 

National Convention. — A national convention is 
an important assemblage. It contains many distin- 
guished men, and exerts a great influence upon the 
political history of the country. A national conven- 
tion usually consists of more than eight hundred 
delegates, there being four delegates from each State, 
two from each congressional district in the Union, 
and two from each Territory. 

In the selection of delegates to the national con- 
vention, the State convention as a body selects four, 
representing the two United States senators, and the 

Pet. C. Go. — 13 



i 9 4 



PARTIES AND PARTY MACHINERY. 



members of the convention from each congressional 
district select two, representing the lower house of 
Congress. For each delegate the State convention 
also selects an alternate delegate, who attends the 
national convention in case the regular delegate can 
not be present. 

The national convention is called to order by the 
chairman of the national committee. It then elects 
a temporary chairman, and afterward a permanent 
president. The convention appoints the national 
committee, calling upon the delegation from each 
State to name its member ; adopts a declaration of 
principles, called a platform, for the approaching 
campaign ; nominates candidates for President and 
Vice President, and performs various other work con- 
nected with the party organization. 

Platform. — The declaration of party principles 
adopted and issued by a convention is called a plat- 
form, and each separate statement of a principle is 
popularly called a plank. 

The platform is an announcement of the policy to 
be pursued by the party if its candidates are elected, 
and is presumed to contain all the important princi- 
ples upon which the voters of the party are agreed. 
Upon these principles the party claims the right to 
administer the public affairs of the country. 

The platforms of State and local conventions are 
usually based upon the national platform of the same 
party, but also contain statements of principles upon 
local questions. 

Nominations. — To nominate a candidate is to 
name him for office ; that is, to place his name before 



PARTY MACHINERY. 



195 



the public. The person nominated is called the 
nominee, and all the nominees for a certain election 
constitute a ticket. 

A nomination usually secures to a candidate the 
general support of the party. Voters may vote for 
other persons than the nominees, but the great body 
of voters usually support the tickets of their respect- 
ive parties. Nomination serves to prevent a great 
number of candidates, and thus simplifies the election. 

Primary Elections. — Candidates for township, 
county, and district offices are frequently chosen by 
means of primary elections. 

A primary election is an election in which the mem- 
bers of a party express their choice for candidates for 
office. None but the members of the party holding 
it can vote in a primary election. Many persons 
prefer the primary to a convention, believing the 
former to be a fairer and more impartial method of 
ascertaining the choice of the party. The voting is 
sometimes by ballot and sometimes viva voce. 

In some States primary elections are under the 
control of the law, and are guarded by the same 
restrictions that pertain to other.elections. 

Caucuses. — A meeting composed of the members 
of a legislative body who are of the same party, and 
assembled for party purposes, is called a caucus. 
Ward conventions in cities are sometimes called by 
the same name. 

The usual purpose of a caucus is to nominate can- 
didates for offices within the gift of the legislative 
body, or to consider questions of legislation. A 
caucus elects a chairman and other officers, but 



196 



PARTIES AND PARTY MACHINERY, 



rarely if ever adopts a platform of principles. The 
great political parties of the country have caucuses 
in each branch of Congress, and usually in the legis- 
latures of the several States. 

SUGGESTIVE QUESTIONS. 

1. Name the great parties that have existed in the United 
States. 

2. Who are the respective chairmen of the national executive 
committees of the two great parties ? 

3. Read the last national platforms of the two great parties. 

4. Which do you like better, primary elections or conven- 
tions ? Why ? 

5. Should a member of a legislative body be influenced in 
his vote by the decision of the caucus of his party ? 



CHAPTER XXI. 
LEGISLATION. 

Legislation, the act or process of making laws, is 
the most important function of government. It 
is the most important, because it is the first step, and 
the enforcement and interpretation of laws depend 
upon their enactment. The laws of a country should 
be as few in number, as simple in construction, and as 
uniform in their application, as will meet the needs of 
the people. It is a great misfortune for the laws 
to bear unequally upon the people ; to grant special 
privileges to one class, or to impose special hardships 
upon another class. 

The great variety and volume of laws made by the 
national and the State legislatures of the United 
States have led to a close study of legislation. In no 
other country is the process of making laws so thor- 
oughly mastered, or parliamentary law so generally 
understood. 

Bills. — The process of enacting a law, from its in- 
troduction to its final approval, is an intricate and 
interesting study. Until its passage and final ap- 
proval, a measure is called either a bill or ^resolution. 

Bills and resolutions are very similar, the latter 
usually being simpler, and beginning with the words, 
" Be it resolved " or simply " Resolved," while the 
former begin with the words, " Be it enacted." A 
joint resolution as well as a bill requires the concur- 

(i97) 



198 



LEGISLA TION. 



rence of both houses of a legislative assembly to make 
it a law. 

Introduction. — The introduction of a bill is the 
first presentation of it to a legislative body for action. 
This is usually done by asking " leave " of the body, 
either orally or in writing, to bring the measure before 
it. This leave to present is rarely if ever refused. 

The rules require that after its introduction it shall 
be three times read aloud before its passage. These 
three readings do not refer to readings for informa- 
tion as to its provisions. The constitutions of nearly 
all States require that the three readings shall be on 
three different days ; but in most of them this rule 
may be suspended by a two thirds, three fourths, 
four fifths, or unanimous vote, the requisite majority 
varying in different States. 

Committees. — When a bill or resolution is intro- 
duced, it is usual to refer it to a committee for a 
critical consideration. A committee usually consists 
of from three to thirteen members, of whom the first 
named is usually chairman, presumably selected for 
their knowledge of the subjects to come before them. 

A standing committee lasts during the entire session. 
Most legislative bodies have from twenty to forty 
standing committees. 

A special or select committee is raised for a special pur- 
pose, and is usually adjourned when its report is made. 

A committee of the whole consists of all the mem- 
bers of a body sitting as a committee. In commit- 
tees of the whole the regular presiding officer usually 
vacates the chair, calling some other member of the 
body to act as chairman. The principal part of the 



LEGISLA TION. 



199 



work of a legislative body is perfected by its commit- 
tees. They discuss the merits and demerits of bills, 
and perfect such as, in their judgment, should pass. 

Reports. — The committee to whom a bill has been 
referred critically examines it, and usually reports it 
to the body, either favorably or unfavorably, recom- 
mending that it should pass or should not pass. If 
the members of a committee are equally or nearly 
equally divided as to the merits of the bill, it may be 
reported without an expression of opinion. 

When important bills are reported by a commit- 
tee they are usually discussed by the members of the 
body. The debate on the measure usually brings 
out the reasons for, and those against, its passage. 
Many bills are several times recommitted — that is, 
again referred to a committee — before their passage. 

In some legislative bodies, especially in the Con- 
gress of the United States, a great many bills are 
pigeon-holed by committees; that is, are filed away and 
never reported. The reports of the committees, 
whether favorable or unfavorable, are usually adopted 
by the body, and therefore have an important bearing 
upon legislation. 

Amendments. — In most legislative bodies a bill 
may be amended at the pleasure of the majority, 
before it is read the third time. Amendments are 
made for the purpose of perfecting the measure. A 
bill may be amended by striking out some of its pro- 
visions, by striking out and inserting, or by inserting. 

A bill passed by one house of a legislature maybe 
amended by the other house, but, if amended, must 
be returned with the amendment to the house in 



200 LEGISLA TION. 

which it originated, in order that the amendment 
may be considered. If one house amends and the 
other refuses to accept, the bill is often referred to 
a conference committee of members of both houses. 
If this does not secure agreement, and both adhere 
to their original action, the bill fails. 

Passage. — When a bill passes the house in which 
it originated, the clerk transmits and reports it to 
the other house for action. The house to which it is 
transmitted may pass it without commitment, but usu- 
ally refers it to a committee, and, when reported, may 
pass it or reject it, or amend it and return it with the 
amendment to the house in which it originated. 

When passed by both houses, the bill is engrossed 
— that is, rewritten without blots or erasures — and 
transmitted to the President or governor, as the case 
may be, for his approval. If approved and signed, or 
if not returned within a fixed time, the bill becomes a 
law. If vetoed, it must be again considered by both 
bodies, and is lost unless again passed by each, and in 
Congress and in many States by a two thirds vote. 

SUGGESTIVE QUESTIONS. 

i. Obtain from any convenient source and present in the 
recitation a sample of a bill, and also of a resolution. 

2. Why should a bill have three separate readings on three 
different days ? 

3. Why is the report of a committee generally adopted by the 
body ? 

4. Why are chairmanships of committees usually much sought 
after in legislative bodies ? 

5. Present in the recitation a copy of the report of a legisla- 
tive committee upon some subject. 



CHAPTER XXII. 

REVENUE AND TAXATION. 

Revenue. — The regulation of revenue and tax- 
ation is one of the most important and difficult 
questions of government. One of the wisest of 
modern statesmen has said that the management of 
finance is government. 

Government, whatever its form, is an intricate and 
expensive machine, and therefore sure and ample 
sources of revenue are as necessary to it as blood is 
to the human body. The necessary expenses of a 
local community, such as a village, a city, or a county, 
are heavy ; while those of a State are immense, and 
those of a nation almost beyond conception. These 
expenses must be promptly met, or the government 
becomes bankrupt, lacking in respect, without power 
to enforce its rights even among its own people, and 
finally ceases to exist. 

Taxation. — The chief source of revenue in all 
governments is taxation. A tax is a portion of 
private property taken by the government for public 
purposes. Taxation, the act of laying taxes, is re- 
garded as the highest function of government. It is 
also one of the most delicate, because it touches the 
people directly, and is therefore frequently the cause 
of discontent among the masses. 

The government makes no direct return to the 

( 201) 



202 REVENUE AND TAXATION. 

citizen for the taxes it exacts, and in this respect 
only does taxation differ from the exercise of the 
right of eminent domain. How much revenue must 
be raised ? what articles should be taxed ? what should 
be the rate of taxation ? are questions that concern 
every government. 

As a person may be at the same time a citizen of 
a village, a township, a county, a State, and the 
United States, so he may, during the same year, pay 
a separate tax to each of these five governments. 

Necessity of Taxation. — Taxation is one of the 
necessary burdens of society. A government as well 
as an individual must have money to pay its ex- 
penses, and the principal part, if not all, of this 
money must be raised by taxation of one kind or 
another. Men may differ as to the kind and the rate 
of taxation, but taxes must be paid in order that 
government may exist. The tax payer receives no 
immediate return for his taxes, but has a constant 
return in the way of protection to life, liberty, and 
property, the enjoyment of public conveniences, and 
the improvement of society. 

By means of taxes each person bears his part in 
the cost of maintaining the social compact. He 
gives up a portion of his property in order that what 
remains may be the more secure and valuable, and 
that he may enjoy many other blessings that would 
otherwise be impossible. Although the rate is 
often high, even higher than necessary, it is safe 
to say that every tax payer of the country receives 
from the government more than he contributes by 
taxation. 



TAX A TIOJV. 203 

Taxes are direct or indirect. 

Direct Taxes. — A direct tax is levied directly 
at a given rate upon property or polls. Taxes levied 
by villages, towns, townships, cities, counties, and 
States are for the most part direct taxes. 

A poll tax is levied upon the polls, or heads, of the 
male inhabitants who have attained a certain age, 
usually twenty-one years. 

A property tax, as the name indicates, is levied 
upon property. Property is of two kinds, real and 
personal. 

Real property, usually called real estate, consists of 
lands and buildings. 

Personal property is that which can be moved from 
place to place, and includes everything that a person 
can own except real estate. 

In all systems of taxation, much real estate, such 
as churches, cemeteries, tombs, colleges, universities, 
charitable institutions, and public buildings of the 
State and the United States, is exempt from pay- 
ment of taxes. 

Five times in its history — namely, in 1798, 181 3, 
1815, 1816, and 1861 — the United States levied a 
direct tax upon the people, but in each case the law 
was in force but a single year. From 1861 to 1871 
there was also an income tax ; that is, a tax of a given 
per cent, upon all annual incomes that exceeded a 
certain amount. 

Indirect Taxes. — An indirect tax is assessed upon 
the property of one person, but is indirectly paid by 
another. The owner of the property at the time of 
assessment pays the tax to the government, but a 



204 REVENUE AND TAXATION. 

part or all of the tax is ultimately paid by the con- 
sumer of the goods. All taxes now levied by the 
national government are indirect. 

The indirect taxes levied by the national govern- 
ment are customs, or duties, and internal revenue. 

Customs, or Duties. — Customs, or duties, are taxes 
levied upon certain goods imported from foreign 
countries. The Constitution prohibits the taxation 
of exports. 

The schedule or list of articles taxed and of duties 
to be paid is called the tariff. Custom dues are 
collected by officers of the national government at 
the custom-houses, located at the ports of entry, 
usually, but not always, on or near the sea-coast. By 
far the larger portion of the national revenue is de- 
rived from customs. 

Internal Revenue. — Internal revenue, sometimes 
called excise, is a tax levied upon certain articles pro- 
duced in this country, such as tobacco and spirituous 
liquors. It is collected by officers of the national 
government, called collectors, stationed in different 
parts of the country. 

SUGGESTIVE QUESTIONS. 

i. Name some of the items of expense in village gov- 
ernment. 

2. In township government. 

3. In city government. 

4. In county government. 

5. In State government. 

6. In national government. 

7. What is the rate of property taxation in this country? 

8. What is the rate in this State ? 

9. Where is the nearest custom-house ? 



CONSTITUTION OF THE UNITED STATES. 



PREAMBLE. 

We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I. Legislative Department. 

Section I. Congress in General. 

All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of 
Representatives. 

Section II. House of Representatives. 

Clause 1. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several states ; and 
the electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

Clause 2. No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years a citizen 
of the United States, and who shall not, when elected, be an inhab- 
itant of that state in which he shall be chosen. 

Clause 3. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this Union, 
according to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall have at least 
one representative ; and until such enumeration shall be made, the 
state of New Hampshire shall be entitled to choose three, Massachu- 
setts eight, Rhode Island and Providence Plantations one, Connec- 
ticut five, New York six, New Jersey four, Pennsylvania eight, Dela- 
ware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina (i\e, and Georgia three. 

Clause 4. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election to 
fill such vacancies. 

(205) 



2o6 CIVIL GOVERNMENT. 



Clause 5. The House of Representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

Section III. Senate. 

Clause 1. The Senate of the United States shall be composed of 
two senators from each state, chosen by the Legislature thereof for 
six years, and each senator shall have one vote. 

Clause 2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at the 
expiration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second year ; 
and if vacancies happen, by resignation or otherwise, during the recess 
of the Legislature of any state, the executive thereof may make tem- 
porary appointments until the next meeting of the Legislature, which 
shall then fill such vacancies. 

Clause 3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state 
for which he shall be chosen. 

Clause 4. The Vice-president of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally divided. 

Clause 5. The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice-president, or when 
he shall exercise the office of President of the United States. 

Clause 6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or affirm- 
ation. When the President of the United States is tried, the chief 
justice shall preside ; and no person shall be convicted without the 
concurrence of two-thirds of the members present. 

Clause 7. Judgment in cases of impeachment shall not extend further 

than to removal from office, and disqualification to hold and enjoy any 

office of honor, trust, or profit under the United States ; but the party 

convicted shall, nevertheless, be liable and subject to indictment, 

I trial, judgment, and punishment according to law. 

Section IV. Both Houses. 

Clause 1. The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state by the 
Legislature thereof ; but the Congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing senators. 

Clause 2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section V. The Houses separately. 

Clause 1. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall 



CONSTITUTION OF THE UNITED STATES, 



207 



constitute a quorum to do business ; but a smaller number may ad- 
journ from day to day, and may be authorized to compel the attend- 
ance of absent members, in such manner and under such penalties as 
each house may provide. 

Clause 2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

Clause 3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may in 
their judgment require secrecy ; and the yeas and nays of the members 
of either house, on any question, shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Clause 4. Neither house during the session of Congress shall, with- 
out the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section VI. Disabilities of Members. 

Clause I. The senators and representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out of 
the treasury of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same ; and for any speech or. de- 
bate in either hoiise, they shall not be questioned in any other place. 

Clause 2. No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the au- 
thority of the United States, which shall have been created, or the 
emoluments whereof shall have been increased, during such time ; 
and no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Section VII. Mode of passing Laws. 

Clause I. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments, as on other bills. 

Clause 2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate shall, before it become a law, be presented 
to the President of the Uniied States ; if he approve, he shall sign it ; 
but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such recon- 
sideration two-thirds of that house shall agree to pass the bill, it shall 
be sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have been 



2o8 CIVIL GOVERNMENT. 

presented to him, the same shall he a law in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its return, 
in which case it shall not be a law. 

Clause 3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary (except 
on .a question of adjournment) shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap- 
proved by him, or, being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Section VIII. Powers granted to Congress. 

The Congress shall have power — 

Clause 1. To lay and collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

Clause 2. To borrow money on the credit of the United States ; 

Clause 3. To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes ; 

Clause 4. To establish a uniform rule of naturalization and uniform 
laws on the subject of bankruptcies, throughout the United States ; 

Clause 5. To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures ; 

Clause 6. To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States ; 

Clause 7. To establish post-offices and post-roads ; 

Clause 8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

Clause 9. To constitute tribunals inferior to the Supreme Court ; 

Clause 10. To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations ; 

Clause II. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

Clause 12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years ; 

Clause 13. To provide and maintain a navy ; 

Clause 14. To make rules for the government and regulation of the 
land and naval forces ; 

Clause 15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

Clause 16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the states respectively the 
appointment of the officers and the authority of training the militia 
according to the discipline prescribed by Congress ; 

Clause 17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by cession of 



CONSTITCTIOX OF THE UNITED STATES. 2 <X) 

particular states and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased, by the consent of the Legislature of the State 
in which the same shall be, for the erection of forts, magazines, arse- 
nals, dock-yards, and other needful buildings ; and 

Clause 18. To make all laws which shall be necessary and proper for 
carrving into execution the foregoing powers, and all other powers 
vested bv this Constitution in the government of the United States, or 
in any department or officer thereof. 

Section IX. Powers denied to the United States. 

Clause I. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the Congress prior ;o the year one thousand eight hundred and eight ; 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

Clause 2. The privilege of the writ of habeas corpus shall not be sus- 
pended unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Clause 3. No bill of attainder, or ex-post-facto law, shall be passed. 

Clause 4. No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to be taken. 

Clause 5. No tax or duty shall be laid on articles exported from any 
state. 

Clause 6. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one state over those of another ; nor 
shall vessels bound to or from one state be obliged to enter, clear, or 
pay duties in another. 

Clause 7. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law ; and a regular statement and 
account of the receipts and expenditures of all public money shall be 
published from time to time. 

Clause S. No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them shall, with- 
out the consent of the Congress, accept of any present, emolument, 
office, or title of any kind whatever, from any king, prince, or foreign 
state. 

Section X. Powers denied to the States. 

Clause 1. No state shall enter into any treaty, alliance, or confedera- 
tion ; grant letters of marque and reprisal ; coin money ; emit bills of 
credit ; make any thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex-post-facto law, or law impairing 
the obligation of contracts ; or grant any title of nobility. 

Clause 2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports except what maybe absolutely 
necessary for executing its inspection laws ; and the net produce of all 
duties and imposts laid by any state on imports or exports shall be for 
the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

Pet. C. Go.— 14 



2io CIVIL GOVERNMENT, 

Clause 3. No state shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II. Executive Department. 
Section I. President and Vice-president. 

Clause I. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the Vice-president, chosen for the same 
term, be elected as follows : 

Clause 2. Each state shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the Congress ; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

[Clause 3. The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for each ; 
which list they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of the whole 
number of electors appointed ; and if there be more than one who 
have such majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose by ballot one of 
them for President ; and if no person have a majority, then, from the 
five highest on the list, the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote, a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces- 
sary to a choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the electors shall be the 
Vice-president. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
president.*] 

Clause 4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Clause 5. No person except a natural-born citizen, or a citizen of 



* Altered by the 12th Amendment. See page 217. 



CONSTITUTION OF THE UNITED STATES. 21 1 

the United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United States. 

Clause 6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on trie Vice-president ; and 
the Congress may by law provide for the case of removal, death, resig- 
nation, or inability, both of the President and Vice-president, declar- 
ing what officer shall then act as President ; and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected. 

Clause 7. The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

Clause 8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States." 

Section II. Powers of the President. 

Clause I. The President shall be commander-in-chief of the army 
and navy of the United States and of the militia of the several states, 
when called into the actual service of the United States ; he may re- 
quire the opinion in writing of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices ; and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im- 
peachment. 

Clause 2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the senators 
present concur ; and he shall nominate, and by and with the advice 
and consent of the Senate shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other offi- 
cers of the United States, whose appointments are not herein other- 
wise provided for, and which shall be established by law ; but the 
Congress may by law vest the appointment of such inferior officers as 
they think proper in the President alone, in the courts of law, or in 
the heads of departments. 

Clause 3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting com- 
missions, which shall expire at the end of their next session. 

SECTION III, Duties of the President. 

He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such meas- 



2 I2 CIVIL GOVERNMENT. 

ures as he shall judge necessary and expedient ; he may, on extraor- 
dinary occasions, convene both houses, or either of them ; and in 
case of disagreement between them, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Section IV. Impeach?nent of the President, 

The President, Vice-president, and all civil officers of the United 
States, shall be removed from office on impeachment for and convic- 
tion of treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. Judicial Department. 

Section I. United States Courts. 

The judicial power of the United States shall be vested in one 

Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 

Section II. Jurisdiction of the United States Courts. 

Clause i. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consuls ; 
to all cases of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party ; to controversies between 
two or more states ; between a state and citizens of another state ; be- 
tween citizens of different states ; between citizens of the same state 
claiming lands under grants of different states ; and between a state, 
or the citizens thereof, and foreign states, citizens, or subjects.* 

Clause 2. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such regulations 
as the Congress shall make. 

Clause 3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state where the 
said crimes shall have been committed ; but when not committed 

* Altered by the nth Amendment. See page 216. 



CONSTITUTION OF THE UNITED STATES, 



213 



within any state, the trial shall be at such place or places as the Con- 
gress may by law have directed. 

Section III. Treason. 

Clause 1. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession 
in open court. 

Clause 2. The Congress shall have power to declare the punishment 
of treason ; but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 
Section I. State Records. 

Full faith and credit shall be given in each state to the public acts, 
records, and judicial proceedings of every other state. And the Con- 
gress may, by general laws, prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 

Section II. Privileges of Citizens, etc. 

Clause 1. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

Clause 2. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice and be found in another state, 
shall, on demand of the executive authority of the state from which he 
fled, be delivered up, to be removed to the state having jurisdiction of 
the crime. 

Clause 3. No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service, or labor, but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

Section III. New States and Territories. 

Clause 1. New states may be admitted by the Congress into this 
Union, but no new state shall be formed or erected within the juris- 
diction of any other state ; nor any state be formed by the junction of 
two or more states, or parts of states, without the consent of the 
Legislatures of the states concerned, as well as of the Congress. 

Clause 2. The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con- 
stitution shall be so construed a.-> to prejudice any claims of the United 
States or of any particular state. 



214 



CIVIL GOVERNMENT. 



Section IV. Guarantee to the States. 



The United States shall guarantee to every state in this Union a 
republican form of government, and shall protect each of them against 
invasion ; and, on application of the Legislature, or of the executive 
(when the Legislature can not be convened), against domestic violence. 

ARTICLE V. Power of Amendment. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the Legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress ; provided, that no 
amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first Article ; and that no state, 
without its consent, shall be deprived of its equal suffrage in the 
Senate. 

ARTICLE VI. Public Debt, Supremacy of the Constitution, 
Oath of Office, Religious Test. 

Clause I. All debts contracted and engagements entered into before 
the adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 

Clause 2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, shall 
be the supreme law of the land ; and the judges in every state shall 
be bound thereby, any thing in the Constitution or laws of any state 
to the contrary notwithstanding. 

Clause 3. The senators and representatives before mentioned, and 
the members of the several state Legislatures, and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. Ratification of the Constitution. 

The ratification of the Conventions of nine states shall be sufficient 
for the establishment of this Constitution between the states so ratify- 
ing the same. 

Done in Convention, by the unanimous consent of the states present, 
the seventeenth day of September, in the year of our Lord one thou- 
sand seven hundred and eighty-seven, and of the Independence of the 



CONSTITUTION OF THE UNITED STATES. 



215 



United States of America the twelfth. 
hereunto subscribed our names. 



In witness whereof, we have 



George Washington, President and Deputy from Virginia. 



New Hampshire. — John Lang- 
don, Nicholas Gilman. 

Massachusetts. — Nathaniel Gor- 
ham, Rufus King. 

Connecticut. — W m. Samuel 
Johnson, Roger Sherman. 

New York. — Alexander Hamil- 
ton. 

New Jersey. — William Living- 
ston, William Patterson, David 
Brearley, Jonathan Dayton. 

Pennsylvania . — Benjamin 
Franklin, Robert Morris, Thomas 
FitzsimonSjJames Wilson, Thomas 
Mifflin, George Clymer, Jared In- 
gersoll, Gouverneur Morris. 

Attest, 



Delaware. — George Read, John 
Dickinson, Jacob Broom, Gunning 
Bedford, Jr., Richard Bassett. 

Maryland. — James M' Henry, 
Daniel Carroll, Daniel of St. Tho. 
Jenifer. 

Virginia. — John Blair, James 
Madison, Jr. 

North Carolina . — William 
Blount, Hugh Williamson, Rich- 
ard Dobbs Spaight. 

South Carolina. — John Rut- 
ledge, Charles Cotesworth Pinck- 
ney, Pierce Butler. 

Georgia* — William Few, Abra- 
ham Baldwin. 

William Jackson, Secretary. 



AMENDMENTS TO THE CONSTITUTION. 

Article I. Freedom of Religion _, etc. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assem- 
ble, and to petition the government for a redress of grievances. 

Article II. Right to bear Arms. 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in- 
fringed. 

ARTICLE III. Quartering Soldiers on Citizens. • 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner ; nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV. Search Warrants. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated ; and no warrants shall issue but upon probable cause, sup- 



2i6 CIVIL GOVERNMENT. 



ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

Article V. Trial j or Crime y etc. 

No person shall be held to answer for a capital or otherwise infa- 
mous crime, unless on a presentment or indictment of a grand jury, ex- 
cept in cases arising in the land or naval forces, or in the militia when 
in actual service in time of war or pubjic danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or 
limb ; nor shall be compelled, in any criminal case, to be a witness 
against himself ; nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken for public use 
without just compensation. 

Article VI. Rights of accused Persons. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining witnesses in his 
favor; and to have the assistance of counsel for his defense. 

Article VII. Suits at Common Law. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined in any court of the 
United States than according to the rules of the common law. 

Article VIII. Excessive Bail. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Article IX. 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

Article X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respectively 
or to the people. 

Article XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens or 
subjects of any foreign state. 



CONSTITUTION OF THE UNITED STATES. 217 



ARTICLE XII. Mode of choosing the President and Vice-president. 

Clause 1. The electors shall meet in their respective states, and 
vote by ballot for President and Vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-president ; and they shall 
make distinct lists of all persons voted for as President, and of all per- 
sons voted for as Vice-president, and of the number of votes for each, 
which list they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the President of 
the Senate ; the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted ; the person having the greatest num- 
ber of votes for President shall be the President, if such number be 
a majority of the whole number of electors appointed ; and if no per- 
son have such majority, then from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as Presi- 
dent, the House of Representatives shall choose immediately by bal- 
lot the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces- 
sary to a choice. And if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice- 
president shall act as President, as in the case of the death or other 
constitutional disability of the President. 

Clause 2. The person having the greatest number of votes as Vice- 
president shall be the Vice-president, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list the Senate 
shall choose the Vice-president ; a quorum for the purpose shall con- 
sist of two-thirds of the whole number of senators, and a majority of 
the whole number shall be necessary to a choice. 

Clause 3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-president of the United 
States. 

Article XIII. 

SECTION I. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

SECTION 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. 

Section i. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 



2l8 CIVIL GOVERNMENT. 



States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any state deprive any person 
of life, liberty, or property, without due process of law, nor deny 
to any person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole num- 
ber of persons in each state, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for Presi- 
dent and Vice-president of the United States, representatives in Con- 
gress, the executive and judicial officers of a state, or the members of 
the Legislature thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion 
or other crime, the basis of representation therein shall be reduced in 
the proportion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in such 
state. 

Section 3. No person shall be a senator or representative in Con- 
gress, or elector of President and Vice-president, or hold any office, 
civil or military, under the United States, or under any state, who, 
having previously taken an oath, as a member of Congress, or as an 
Officer of the United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any state, to support the Con- 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss or 
emancipation of any slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 

Article XV. 

Section i. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any state on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



INDEX. 



Absolute monarchy, 159. 
Academy, naval, 142. 
Accused, rights of, 74. 
Actions, 171. 
Adjutant general, 84, 140. 

functions of, 89. 
Administrators, 54. 
Admiralty courts. 171. 
Agriculture, commissioner of, 84, 89. 
Alaska, 96. 

Aldermen, board of, 61. 
Aliens, 105. 

Alternate delegates, 194. 
Amendments, 199. 
Appropriation by State, 67. 
Area of counties, 49. 
Aristocracy, 159, 160. 
Arizona, 96. 

Assembly — general or legislative, 177. 
Assessor, authority of, 61. 

duties of, 67. 

of township, 43, 44. 
Attorney; 174. 

county, 49. 

duties of, 50. 

general, 88. 
Auditor, township, 45. 
Australian ballot- system, 176, 179, 184. 

Ballot, 176. 

blanket, 180, 181. 

box, 176, 177. 

forms of, 183. 

individual, 180. 

in Indiana, 183, 187. 

in Louisville, 183, 185. 

in Mass., 183, 186. 

official, 180, 182. 

secret, 179, 182. 

voting by, 176. 
Bank inspectors, 90. 

national, 138. 
Bargaining and trading, 183. 
Beat, the, 28, 30. 
Bill, 197, 199. 

of rignts, 68, 72. 

of attainder, 197, 200. 

true, 173. 
Blind, voting of the, 182. 
Board of aldermen, 61. 

of education, 61. 



Board of pardons, 86. 

of public works, 61. 

of supervisors, 50. 
Boroughs, 57. 
Bribery, 177, 182. 
Buildings, county, 49. 
Bureau of construction and repair, 142. 

of equipment 141 

of medicine and surgery, 142. 

of navigation, 141. 

of ordnance, 141. 

of supplies and accounts, 142. 

of steam engineering, 142. 

of yards and docks, 141. 
Bureaus of navy department, 141. 

of treasury department, 136. 

of war department, 140. 
By-laws, township, 42. 

Cabinet, presidential, 132, 149. 
Cadet, 141. 
Campaign, 194. 
Candidates, 176, 190. 
Canvass, 177. 
Cases, 171. 
Causes, civil, 171. 

criminal, 172. 
Census, 121. 
Challenge, 173. 
Chaplain, 123. 
Charges, 172. 
Chief of engraving and printing, 139. 

of bureau of statistics, 138. 

of fire department, 62. 

of ordnance, 145. 

of police, 62. 
Children, 22, 23. 

rignts of, 22. 

duties of, 23. 
Circuit clerk, 54. 

court, 152. 

court of appeals, 152. 
Citizen, 67-69. 

duties of, 17. 

naturalization of, 102, 168. 

of civil district, 32, 33. 
duties of, 33. 
rights of, 32. 

of township, 38, 40. 
duties of, 39, 40. 
rights of, 38. 

(219) 



220 



INDEX. 



Citizen, rights of, 32, 60. 
Citizenship, 38. 
City council, 61. 

court, 61. 

election, 61. 

engineer, 61. 

government. 60. 

incorporation, 58. 

institution, 59. 

judge, 62. 

officers, 61, 62. 

physician, 62. 

solicitor, 61. 

wards. 59. 
Civil district. 27, 36. 

government, 159. 
Civil law, 170. 

rights, 163, 165. 

unit, 28. 

unit, classes of, 30. 
Clerks, 57, 174, 176. 

chief of Senate, 81. 

circuit, 54. 

common pleas, 49. 

of county, 41, 49, 52, 53. 

of township, 43. 
Collection of taxes, 45. 
Collector of city, 61, 62. 

of county, 54. 

of township, 45. 

of village, 57, 58. 
Commander-in-chief, 130. 
Commerce, regulation of, 113. 
Commercial law, 171. 
Commissary general, 140. 
Commissioner, 135. 

of agriculture, 84. 

county, 50. 

court, 173. 

of general land office. 144. 

of Indian affairs, 145. 

of internal revenue, 138. 

of labor, 90. 

land, 84, 90. 

of patents, 145. 

of pensions, 144. 

railway, 84, 90. 

of internal revenue, 138. 

school, 49. 

of statistics, 90. 

street, 61, 62. 

township, 44, 49. 
Committee, 190. 

conference, 200. 

county, 191. 

district, 191. 

executive, 191. 

national, 192, 194. 

special, 198. 

standing, 198. 
Common law, 170. 
Communal district, 30. 
Commutation of sentence, 87. 
Comptroller, 87. ! 

in U. S. government, 137. 



Comptroller of currency, 138. 
Congress, acts of, 65. 

forbidden powers, 117. 

member of , 111, 112. 

power of, no, 117. 

representation in, 95. 
Congressional districts, 191. 
Constable, district, 33. 

duties of, 35. 

election and term, 3s. 

township, 43, 45. 
Consuls, 135. 
Constitution, 205-218. 

amendments to, 107, 215. 

formation of, 106. 

nature of, 105. 
Constitution of European countries, 70. 

of State, 6q. 

necessity for, 106. 

ratification of, 99. 

value of, 71. 
Conventions, 192, 194. 
Copyright, 114, 145. 
Coroner, 49. 

duties of, 53. 

inquest, 54. 

in township, 46. 
Corporation, 166. 

municipal, 56. 
Corruption, 177. 
Council, city, 61, 62. 

common, 61. 
Councilman, 42, 57. 
Counterfeiting, 114. 
County, the, 48-55. 

area, 49. 

attorney, 51. 

auditor, 52. 

buildings, 49. 

clerk, 52. 

convention, 193. 

court-house, 49. 

executive department, 51. 

formation, 48. 

government, 49. 

infirmary, 50. 

jail, 49. 

judge, 54, 55. 

legislative department, 50, 

officers, 49. 

power, 48. 

property, 50. 

public affairs, 49. 

purposes, 48. 

sheriff, 51. 

superintendent of schools, 44. 

surveyor, 53. 
Court-house, 49, 50. 
Court, jurisdiction of, 151. 

of claims, 153. 

officers of, 155, 173, 174. 

supreme, 151. 

United States, 149. 

of appeals, U. S. circuit, 152. 

U. 5. district, 153. 



INDEX. 



221 



Court-martial, 171. 

Declaration of Independence, 65. 
Deeds, 49, 53. 
Defendant, 172. 
Democracy, 159, 161 
Department of agriculture, 147. 

of commerce and labor, 147. 

executive, of county. 51. 

of State, 84. 

of territory, 94. 

fire, 59. 

government, 72. 

interior, 144-146. 

judicial, 49, 92, 149, 196. 

of justice, 146, 147. 

legislative, of county, 80. 

of State, 77. 

of territory, 94. 

navy, 141, 142. 

post office, 142-144. 

State, 133. 

township, 40, 41. 

treasury, 136-139. 

war, 139-141. 
Despotism, 175. 
Diplomatic service, 134. 
Direct taxes, 202, 203. 
Director infirmary, 54. 

of mint, 139. 

school, 43, 44. 
Disfranchisement, 177. 
Disorder, 179. 
District-attorney, 155. 
District, civil, 27. 

clerk, 54. 

communal, 30. 

election, 29. 

magisterial, 29. 

marshal, 155. 

militia, 29. 

reporter, 155. 

school, 21, 28. 
Duties, 204. 

citizen's, 33. 

civil, 163. 

industrial, 165. 

moral, 166. 

of children, 22. 

of family, 19. 

of parents, 23. 

political, 167. 

Education, board of, 61. 

of child, 27. 
Election act, 179. 

district, 29. 

judges of. 42. 

of county officers, 50. 

of justices, 93. 

precinct, 29, 30. 

presidential, 126, 127. 

returns, 87. 
Electoral college, 127. 

vote, 128. 



Electors, choice of , 115. 

Electric light, 59. 
Enabling act, 65. 
Engineer, city, 61. 

chief, 140. 

county, 53. 

ordnance, 140. 

State, 90. 
Enrolled bills, 200. 
Envoys extraordinary, 134. 
Examiner of state, 90. 
Examining trial, 34. 
Exercise, 204. 

Executive department of county, 49. 
of State, 84. 
of territory, 94. 
of United States, 125-148. 

function of civil district, 31. 
Expenditure in county, 52. 

Family, 17-20. 

definition of, 18. 

duties of members of, 19. 

officers, 19. 

members of, 18. 

powers of officers, 19. 

purposes of, 18. 

responsibilities, 19. 

rights of members, 19. 
Fence-viewers, 45. 
Field-driver, 45. 
Finance, 60. 

Fire department, chief of, 62. 
Freedom of assembly, 73. 

of conscience. 73. 

of press, 73. 

of speech, 73. 

Gas-works, 59. 
General assembly, jj. 
General, adjutant, 84, 140. 

attorney, 88. 

commissary, 140. 

inspector, 140. 

quartermaster, 140. 

surgeon, 140. 

surveyor, 140. 
Government, 157-162. 

departments, 77. 

duties toward, 69. 

economy of, 61. 

functions, 58, 59. 

national, 98, 99. 

origin of, 157, 158. 

purposes of. 100. 

school, 23-26. 

State, 77. 

Territory, 96. 

varieties, 17, 159. 
Governor of State, 85. 

of Territory, 94. 

powers and duties, 85, 86. 
Grand jurors, 172, 177. 
Guardians, appointment of, 54. 



222 



INDEX. 



Habeas corpus, 117. 
Hereditary monarchy, 160. 
House of congress, no. 

of delegates, 78. 

of representatives, 81, 121, 122. 
Hundred, the. 28, 30. 

Immigration commission, 90. 
Impeachment, 82! 
Inauguration, presidential, 128. 
Income tax, 203. 
Indiana ballot, 184, 187. 
Indian Territory, 96. 
Indictment, 172, 173. 
Individual ballot, 184. 
Industrial rights, 165. 
Inquest, coroner's, 54. 
Inspector-general, 140. 

of bank, 90. 
Instruction, public superintendent of, 

Insurance commissioners, 84, 89. 
Interior department, 144. 
Internal revenue, 204. 
International law, 170. 
Intimidation, 179. 

Jail, county, 49. 
Jailer, 54. 

Journal of house, 78. 
Judge, 171-173, 176. 

advocate-general, 140. 

appointment of, 93. 

county, 49, 50. 

district, 94. 

probate, 49, 55. • 

supreme court, 92. 

surrogate, 49. 
Judicial department of State, 191. 

of U. S., 149. 

district, 191. 
Judiciary, functions of, 92. 
Jurisdiction of courts, 149. 

of supreme court, 151. 
Jurors, 173. 

in township, 42. 
Jury, 122, 123. 
Justice, 163-168. 

of county, 50. 

of peace, 33, 34. 

precinct, 30. 

of township, 45, 46. 

Labor commissioners, 90. 
Land commissioners, 84-90 
Law and liberty, 169-174. 
Law, enactment of, 79, 197. 

execution of, 84. 

ex post facto, 118. 

forbidden, 74. 

indexing, 87. 

in township, 42. 

making, 77. 

of nations, 170. 

of Territory, 95. 



Legislation, 197-200. 

in county, 54. 
Legislative department of county, 49,50- 

power of presiding, 131. 

State, 77. 

Territory, 94. 
Legislative department of township, 4*. 

of county, 50. 

of school, 24. 

of State, 77. 

of U. S., no. 
Legislature, 77. 
Letters of marque, 114. 
Liberty, 169. 
Librarian, State, 90. 

Territory, 94. 
Licenses, 53, 54. 
Lieutenant-governor, 78, 84, 87. 
Louisville ballot, 183, 185. 

Magisterial district, 29. 
Marsftal of village, 52. 
Martial law, 171. 
Massachusetts ballot, 183, 186. 
Mayor, 57, 61. 
Members of congress, in. 

of family, 19. 

of school district, 22. 
Ministers, 134, 135. 
Ministerial officers, 35, 45, 174. 
Militia, 115. 

district, 29, 30. 
Military academy, 145. 

government, 159. 
Mint, 138. 
Monarchy, 159. 
Money, coining of, 114. 
Moral law, 170. 

rights and duties, 166, 167. 
Mortgages, 49, 53. 
Municipal corporations, 56, 63. 

National committees, 191. 

convention, 191, 193, 194. 

government. 98, 99. 

legislation, 189. 
Naturalization, 102. 
Naval academy, 142. 
New Jersey ballot, 184. 
New Mexico, 96. 
Nominations, 194, 195. 

Officers, appointment of, 84. 
city. 61. 

civil district, 33. 
election, 54. 
election of, 176. 
house of representatives, 81. 
interior, 123. 
ministerial, 35. 
of family, 19, 20. 
powers of, 19. 
post-office, 143, 144. 
school, 24. 
of senate, 81. 



INDEX. 



223 



Officers of Territory, 94. 

township, 41. 

treasury, 136. 

of United States Court, 155, 156. 
Official ballots, 184. 
Oklahoma, 96. 
Oligarchy, 160. 
Oral instruction, 57. 
Ordinances, 42. 
Organization act, 94. 
Overseers, 54. 

Papers, 49. 

Pardons, 13T. 

Parents, rights and duties of, 23 

Parish, 48. 

Parliamentary law, 171. 

Parties, 189-196. 

Party committees, 190, 191. 

conventions, 190, 191. 

machinery, 189, 191. 
Passports, 133. 
Patents, 144, 145. 
Patriarchy, 160. 
Patronage of president, 132. 
Paymaster, 140. 
Penalties, 177. 
Pensions, 144. 
Personal property, 203. 
Petit jury, 172. 
Piracy, 114. 
Plaintiff, 172. 
Plantations, 30. 
Platforms, 126, 194. 
Police, chief, 62. 

court, 61. 
Political conventions, 192. 

parties, 189. 
Polling list, 176. 

place, 176, 177, 180. 
in district, 31. 
Poll-tax, 39, 44, 203. 
Poor, support of, 54. 
Postmaster, 123. 
Post office, 114. 

bureau, 143. 

department, 142. 
Popular vote, 128. 
Porto Rico, 07. 
Poundkeeper, 45. 
Powers of State, 79. 
Precinct election, 29, 30. 

justice's, 30. 
President, 125, 129, 130, 190, 193. 

cabinet of, 132. 

powers of, 108. 
Presidential election, 189. 
Press, freedom of, 72. 
Primary elections, 95. 
Privateers, 115. 
Private property, 72. 
Private tax, 203. 
Privilege of State, 78. 
Probate judge, 54, 55. 
Proceedings, legal, 174. 
Property tax, 203. 



Qualifications of State, 78. 
Quartermaster-general, 140. 

Railway commissioners, 90. 
Real property tax, 203. 

estate tax, 203. 
Recorder, 58. 

county, 53. 
Register, county, 53. 

of land office, 84, 90. 
Representative democracy, i6x. 

districts, 191. 

duties, 78. 

house of, 81. 
Reprieves, 86, 131. 
Reprisal, 114. 
Republic, 161, 163. 
Republican principles, 72. 
Residence, official, of president, 128. 
Revenue and taxation, 201, 204. 

collection of, 52, 88, 136. 
Rights, 163, 171. 

natural, 27. 

of accused, 74. 

of eminent domain, 166. 

of private property, 164. 

political, 175. 

School, 21, 26. 

appointment of officers, 24. 

children, 22, 23. 

definition and purpose of, 21, 

directors, 43, 44, 51. 

district, 28. 

formation of, 21. 

functions of, 22. 

government, 23, 27. 

members, 22. 

position of, 28.. 

power of teacher of, 25. 

rights of, 22. 

teacher, 25. 
Secret ballot, 179. 
Secretary of state, 87. * 

of territory, 94. 

of treasury, 136. 
Security, personal, 72. 
Selectmen, 42. 
Senate, 81, 119. 
Senator j no. 
Senatorial districts, 191. 
Sessions of congress, 131. 
Sheriff, 49, 174, 177. 
Shire town, 49. 
Society, 158, 165, 166. 
Social rights, 165^ 166. 
Solicitor, 158, 166, 167. 

city, 61. 

general, 146. 

of treasury, 139. 
Speaker, 81, 82. 
Speech, freedom of, 157. 
State, 64-97. 

administration of, 116. 

engineer, 70. 



524 



INDEX. 



Slate examiner, 90. 

librarian, 90. 

officers, 84. 

secretary of, 87. 

subdivisions of, 48. 

teachers 1 institute, 89. 
Statistics, commissioner of, 90. 
Statute law, 170. 
Suffrage and elections. 175-178. 

rights of, 39. 
Suits, 171^ 174. 

civil, 54. 
Superintendent of banking, 90. 

of coast survey, 138. 
Superintendent of elections, 51. 

of poor, 54. 

of public instruction, 89. 
Supervisor, 43, 44. 
Supreme court, 92, 150. 
Surveyor, 53. 

general, 90. 

county, 49, 53. 

Tariff, 204. 
Taxation, 79, 201, 202. 
Taxes, 52, 53, 202, 203. 

collection of, 35, 43, 45. 

income, 203. 

indirect, 202. 
Teachers, 25, 26. 

duties of, 25. 

powers of, 25, 26. 
Territory, 65, 94, 95, 96. 
Theocracy, 160. 
Tipstaff, 174. 
Town (see Township), 29, 30, 37-47. 

meetings, 41. 
Township, or town, 37-47. 

assessor, 43, 44. 

citizens of, 38. 

clerk, 43. 

collector, 45. 

commissioner. 44. 

constable, 43, 45. 

councilmen, 42. 

governmental functions of, 37. 



Township, purposes, 38. 

selectmen, 42. 

supervisor, 43, 44. 

treasurer, 43/ 
Treason, 86. 
Treasurer, city, 61. 
Treasurer, county, 52. 

township, 43. 

village, 57, 58. 
Treasury department, 136-139. 
Treaties, 120, 131. 
Trials, 171, 172. 

by jury, 173. 
Trustees, 57. 

of township, 42. 

duties of, 42. 

Unit, the civil, 28-31. 
United States, 98-156. 

circuit courts, 152. 

circuit court of appeais. 152. 

district court, 153. 

formation of, 99. 

jurisdiction of courts, 149. 

supreme court, 150. 



Veto, 86. 

Vice-president, 125, 190, 193. 194. 

Village, 56, 57. 

Voters, 29, 32, 33, 39, 60, 67. 68, 175, 182. 

Voting, 175, 176, 181, 183. 



War, declaration of, 114. 
Ward convention, 195. 
i Warrants, 34, 45. 
i Water works, 59, 60. 
! Wills, 49 53, 54. 
I Works, electric, 59. 
gas, 59- 

public, 57, 59, 60. 
water, 57. 
Writs, serving of, 35. 



SUPPLEMENT. 



THE STATE OF KENTUCKY. 



library of congress! 

Two Cooies Received j 

FEB 20 1909 

l. Co»yritf/.t entry. 
CLASS «~ XXc I 
COPY D. 



The governments of the various States of the 
Union differ so much in matters of detail, that a gen- 
eral treatise on civil government cannot show the 
exact workings of any of them. The teacher must 
inform the class which of the statements in the text 
apply to the State where the pupils reside, or a sup- 
plement must be added to the book, giving, in con- 
cise form, the information desired. The following 
pages are intended to perform this office for those 
schools in Kentucky in which Peterman's Civil Gov- 
ernment is used. 

The School District. — (Pages 21-26.) Each 
county is divided into four, or six, or eight educational 
divisions, and subdivided into subdistricts. Each sub- 
district elects a trustee. The trustees of each division 
form the division board, which selects the teachers 
for the schools of the division. The chairmen of the 
division boards, together with the county superintend- 
ent, form the county board of education, which has 
general control of the schools of the county. It does 
not, however, control in cities having a population of 
three thousand or more, nor in certain graded school 
districts. These have each its own board of educa- 
tion, and are independent of the county system. 

Kentucky Supplement. Peterman's Civil Government. Copyright, 1894, 1909, 

by American Book Company. 

15 225 



226 THE STATE OF KENTUCKY. 

The Civil District. — (Pages 27-36.) Each county 
is divided into not less than three nor more than 
eight justices' districts, by three commissioners ap- 
pointed by the county judge. Each district elects a 
justice of the peace and a constable, whose term of 
office is four years. 

The Township or Town. — (Pages 37-47.) This 
civil unit does not exist in Kentucky. 

The County. — (Pages 48-55.) The statements on 
pages 48 and 49, as to the purposes of the county 
organization, of the formation of counties, and of the 
county seat, apply to Kentucky. 

Officers. — The following county officers are all 
elected for a .term of four years, except the circuit 
clerk, who is elected for six years : 



I. 


County Judge. 


6. 


Jailer. 


2. 


County Clerk. 


7. 


Coroner. 


3. 


Circuit Clerk. 


8. 


Surveyor. 


4. 


County Attorney. 


9. 


Assessor. 


5. 


Sheriff. 


10. 


Supt. of Schools. 



County Judge and Fiscal Court. — The county 
judge holds the county court at times fixed by law — 
in most counties one session each month. He has 
jurisdiction of wills, estates, guardians, delinquent 
and neglected children, and misdemeanors. 

The county judge has power to grant peddler and 
liquor licenses ; to cause insane persons to be placed 
in the insane asylum, and paupers to be kept in the 
county infirmary. 

The county judge and the justices of the peace in 
each county constitute the fiscal court of the county. 
The fiscal court determines the rate . and levies 



THE STATE OF KENTUCKY. 227 

taxes for county purposes ; provides for erecting, 
repairing, and furnishing county buildings, for estab- 
lishing and repairing highways and bridges, and for 
maintaining the poor ; fixes the salaries of county 
officers within the limits prescribed by law ; and in 
general looks after the business of the county. 

County Clerk. — The county clerk is the recording 
officer of the county. He appoints his own depu- 
ties, and is responsible for their official acts. His 
principal duties are : 

1. To keep a journal of the proceedings of the 
quarterly, county, and fiscal courts ; to make and 
preserve all public records, papers, and books that 
belong to the county. 

2. To record wills, deeds, and mortgages, and to 
issue marriage licenses and certificates of election. 

3. To administer oaths to jurors and witnesses. 
Circuit Clerk. — The circuit clerk is the recording 

officer of the circuit court, though his duties are con- 
fined to the county in which he is elected. He is 
required : 

1. To keep a journal of the proceedings of the 
circuit court, and to make and preserve all records, 
papers, and books pertaining thereto. 

2. To administer oaths to witnesses, jurors, and 
others giving testimony in the circuit court. 

County Attorney. — The county attorney is the 
county's legal adviser. His duties are : 

1. To give legal advice to other county officers, 
when requested, and to act as counsel for the county 
in all suits to which it is a party. 

2. To prosecute offenders in justices' courts and 



228 THE STATE OF KENTUCKY. 

examining trials, and assist the commonwealth's at* 
torney in prosecuting criminal cases in the circuit 
court. 

Sheriff. — The sheriff is the chief executive officer 
and. conservator of the peace of the county. It is 
his duty : 

i. To preserve the peace, and to arrest and com- 
mit to prison all persons who break or attempt to 
break it. 

2. To defend his county against rioters and others 
who endanger the public safety. 

3. To execute the warrants, orders, and other 
processes of the courts, when delivered to him for 
that purpose. 

4. To attend the terms of the circuit, quarterly, 
county, and fiscal courts, and obey their lawful di- 
rections. 

5. To collect State and county taxes, also fines 
and forfeitures. 

In the discharge of his duties he may, when neces- 
sary, command as many male inhabitants as he may 
deem proper, and any military force sent to his as- 
sistance by the governor of the commonwealth. 

The sheriff appoints his own deputies, and is re- 
sponsible for their official acts. 

Jailer. — The jailer takes custody of prisoners con* 
fined in the county ; is superintendent of the court- 
house, and other county buildings at the county 
seat ; and assists the sheriff in waiting upon the 
various courts held at the county seat. Processes 
from any court may be executed by the jailer. 

Coroner, — It is the duty of the coroner, when he 



THE STATE OF KENTUCKY. 229 

believes a crime has been committed, to hold an in- 
quest upon the body of any person slain, drowned, 
or otherwise suddenly killed. In cases of probable 
homicide he summons a jury of six men to assist 
him. He may execute the process of courts in both 
civil and criminal cases. 

Surveyor. — The county surveyor executes all or- 
ders of courts for the survey of lands whose areas, 
bounds, or values are in question ; also, upon pay- 
ment of his legal fees, he makes surveys for private 
persons. 

Assessor. — The assessor makes each year a list of 
all taxable property in the county, called the assess- 
or's book, and delivers it to the county clerk. Five 
county supervisors — more, in counties containing 
large cities — appointed by the county judge, examine 
and correct the assessor's book, so as to show the 
true value of the property, for the purpose of secur- 
ing equality in taxation. The county clerk then 
makes out a tax-book, and delivers it to the sheriff, 
for use in collecting. 

Superintendent of Schools. — The county super- 
intendent is chairman of the county board of educa- 
tion. He has the general supervision of the public 
schools in his county. His principal duties are : 

1. To visit and inspect schools and counsel trustees 
and teachers. 

2. To condemn schoolhouses and furnishings not 
fit for use, and order others provided. 

3. To appoint two county examiners, and, with 
them, to certificate teachers; to hold the county in- 
stitute, and maintain the county teachers' association. 



230 THE STATE OF KENTUCKY. 

4. To act as the disbursing agent for the school 
fund, and make reports to the State superintendent. 

5. To act with the county judge and the county 
attorney as the county school-book commission, and 
in laying off the educational divisions of the county. 

Cities of three thousand inhabitants or more, and 
graded school districts established by special act of 
the General Assembly, are authorized to certificate 
their own teachers. Nearly all cities with a popula- 
tion above three thousand, and some with less, employ 
their own superintendents or principals, who have 
general supervision of the city schools. 

Municipal Corporations. — (Pages 56-63.) The 
municipal corporations of Kentucky were in most 
cases created by special acts of the General Assem- 
bly, but all are now governed by general law r s. The 
State constitution divides them into, cities of the first 
class, one hundred thousand inhabitants or more ; 
cities of the second class, twenty thousand to one 
hundred thousand; cities of the* third class, eight 
thousand to twenty thousand ; cities of the fourth 
class, three thousand to eight thousand ; cities and 
towns of the fifth class, one thousand to three 
thousand ; and towns of the sixth class, less than 
one thousand. There' is a general law, called a char- 
ter, governing cities of the first class ; and another 
governing each of the other classes. Cities and 
towns must hereafter be organized under a general 
law passed for the purpose. 

The duties of the officers of all cities and towns 
are substantially the same, whatever the class of the 
corporation. 



THE STATE OF KENTUCKY. 231 

Mayor. — The mayor is the chief executive officer 
of a city, and bears about the same relation to the 
city that the governor does to the State. It is his 
duty to have oversight of the several departments of 
the city government, see that the city ordinances are 
enforced, give the general council information from 
time to time concerning the affairs of the city, and 
recommend such measures as he may deem expedi- ' 
ent. In cities of the third, fourth, or fifth class, the 
mayor is the presiding officer of the council, but has 
no vote except in case of a tie. In cities of the first 
and second classes he is not a member or officer of 
either branch of the general council, but holds the 
veto power. In nearly all cases he is elected by 
popular vote for a term of four years. Towns of the 
sixth class have no mayor. 

Assessor. — The duties of the city assessor are 
similar to those of the county assessor. 

Auditor. — The auditor is the general accountant 
of the city. He preserves in his office all accounts, 
vouchers, documents, and papers relating to city con- 
tracts. He examines all claims against the corpora- 
tion, and draws his warrant upon the treasurer for 
payment of such as are legal. 

City Clerk. — His duties are similar to those of the 
county clerk. He, in person or by deputy, keeps a 
record of the proceedings of the city council. He has 
custody of the public records, and issues all licenses 
authorized by the charter or ordinances of the city. 
Except in the larger cities, he is keeper of the city 
seal. 

Comptroller. — In a few of the larger cities there is 



232 THE STATE OF KENTUCKY. 

a comptroller, who has general supervision of the 
city's fiscal affairs, and, in order to greater security, 
countersigns the auditor's warrants. 

Tax Receiver or Collector. — He collects and pays 
over to the treasurer all taxes levied by the city. 

Treasurer. — The treasurer receives, keeps, and 
disburses, upon warrants ordered by the council, the 
moneys of the city. He makes regular reports of 
the city's financial condition. 

Police Judge. — The police judge holds the police 
court, having jurisdiction of bonds given by the city 
officials, of offenses against the city ordinances, and 
minor offenses against the laws of the common- 
wealth. 

Attorney. — The city attorney is the corporation's 
legal adviser. He prosecutes all actions, suits, and 
proceedings in which the city is plaintiff, and defends 
all those in which the city is defendant. He also 
prosecutes in the police court all persons charged 
with violation of city ordinances. He prepares all 
bonds, contracts, etc., to which the .city is a party. 

City Surveyor, or Engineer.— The city surveyor, 
or engineer, surveys and marks out, and reports to 
the council estimates of the cost of, streets, sewers, 
etc., about to be established. 

Superintendent of Public Works, or Board of 
Public Works. — This officer or board has the general 
supervision and care of streets, bridges, sewers, and 
public grounds of the city. 

Chief of Police, or Marshal. — He is the peace of- 
ficer. It is his duty to suppress disturbances, pre- 
serve the peace, and see that the city ordinances and 



THE STATE OE KENTUCKY, 233 

regulations are enforced, and to arrest offenders 
against the same. The larger cities have a police 
force under the chief of police, with captains, etc. 

Council. — The general council is the legislative de- 
partment of the city. It passes ordinances and regu- 
lations for its government ; levies taxes ; orders the 
opening, alteration, and repair of streets and high- 
ways ; has general control of all public buildings and 
property ; and has power to create indebtedness and 
borrow money within the limits allowed by the charter. 

In cities of the first and second classes the general 
council consists of two bodies, called respectively the 
board of aldermen and the board of councilmen. 
Neither body can pass an ordinance without the con- 
currence of the other. 

In cities below the second class the council con- 
sists, of but one body. In towns of the sixth class 
the councilmen are called trustees. 

Ward Officers. — Each of the larger cities is 
divided into certain wards, from each of which wards 
one or more councilmen or aldermen are elected by 
the city at large. 

The State. — (Pages 64-97.) All that is said in 
Chapter VII. applies to Kentucky. 

By act of Congress, passed in February. 1791, 
Kentucky became a State of the Union on the first 
day of June, 1792. By authority of the legislature 
of Virginia, a convention of delegates had assembled 
at Danville in April preceding, and adopted a State 
constitution. The present constitution, in order of 
formation the fourth, was framed by a convention 
of delegates which sat at Frankfort in the autumn 



234 THE STATE OF KENTUCKY. 

of 1890 and the spring of 1 891, and briefly in the fol- 
lowing fall ; was ratified by the people at an election 
held in August, 1891 ; and was adopted and pro- 
claimed by the Convention, September 28, 1891. 

Legislative Department. — The law-making power 
of the State of Kentucky is vested in a General As- 
sembly, which is composed of a Senate and a House 
of Representatives. The Senate is composed of 
thirty-eight, and the House of Representatives of one 
hundred, members. 

Qualifications. — A senator must be at least thirty 
years of age, and a citizen of the State ; must have 
resided therein for at least six years, and in the dis- 
trict at least one year, next preceding his election. 
A representative must be at least twenty-four years 
of age, and a citizen of the State ; must have resided 
therein for at least two years, and in the district at 
least one year, next preceding his election. 

Term of Office — The senators are elected for four 
years, and the representatives for two years. The 
senators are divided into two equal classes, so that 
one-half are chosen biennially. 

Sessions. — The legislature meets biennially, on 
the first Tuesday after the first Monday in January of 
1910, 191 2, etc., at the State Capitol, in Frankfort. 
The length of the session is fixed at sixty days, and 
cannot be extended. 

Salary. — Members receive for their services the 
sum of five dollars per day during the session of the 
legislature. They also receive fifteen cents for each 
mile they travel in going to, and returning from, the 
sessions of their respective Houses. 



THE STATE OF KENTUCKY. 235 

Executive Department. — The chief executive 
power of the State is vested in the governor, who 
holds his office for the term of four years. He is in- 
eligible for the term immediately succeeding that for 
which he was elected. He must be a citizen of the 
State, not less than thirty years of age, and have re- 
sided within the State at least six years next preced- 
ing his election. 

It is the duty of the governor to see that the laws 
are faithfully executed, to give the General Assembly 
from time to time information touching the condi- 
tion of the State, and recommend such measures as 
he shall judge expedient. He may, on extraordi- 
nary occasions, convene the General Assembly, by 
proclamation, in special session. He has power to 
grant reprieves, commutations, and pardons, and the 
power of vetoing acts of the General Assembly. 

The governor, in most instances, fills vacancies in 
office by appointment, and signs commissions issued 
in the name of the State. He is commander-in-chief 
of the militia, and president of the board of sinking- 
fund commissioners. 

Lieutenant-Governor. — What is said of the lieu- 
tenant-governor on page 87 is applicable to Ken- 
tucky. As president of the Senate, he gives the cast- 
ing vote in case of a tie, and has the right to debate 
and vote in committee of the whole. 

Administrative Department. — The administrative 
officers are the 'treasurer, the auditor of public ac- 
counts, the attorney-general, the secretary of state, 
the superintendent of public instruction, and the 
commissioner of agriculture, labor, and statistics. 



236 THE STATE OF KENTUCKY. 

They serve for four years, and are ineligible for 
the term immediately succeeding that for which 
they were elected. 

Treasurer of State. — The treasurer receives, keeps, 
and pays out, on warrants drawn by the auditor, all 
moneys of the State. He is a member of the board 
of sinking-fund commissioners. 

Auditor of Public Accounts. — What is said of 
the auditor on page 88 is applicable to Kentucky. 
He also is a member of the board of sinking-fund 
commissioners. 

Attorney-General. — The attorney-general is re- 
quired to prosecute or defend for the State all cases 
in the court of appeals in which the State is inter- 
ested ; also, when requested by any of the State of- 
ficers or boards, to give his opinion in writing upon 
any subject in which the State may have an interest, 
and to prepare contracts, bonds, and other writings 
which may be required for the use of the State. He 
superintends the printing of the laws. He is a mem- 
ber of the State board of education and of the board 
of sinking-fund commissioners. 

Secretary of State. — The secretary of state keeps 
a record of the official acts of the legislative assem- 
bly and the executive department. He is keeper of 
the seal of the State. He countersigns and affixes the 
seal of the State to commissions and proclamations 
issued by the governor. He keeps a record of all 
articles of incorporation, and scrutinizes the acts of 
corporate companies. He is a member of the State 
board of education and of the board of sinking-fund 
commissioners. 



THE STATE OF KENTUCKY. 237 

Superintendent of Public Instruction. — The su- 
perintendent of public instruction has the general 
supervision of all the educational interests of the 
State. He apportions the State school fund, decides 
points of school law, and makes a report biennially 
of the condition and progress of the schools. He 
is chairman of the State board of education, of the 
State board of examiners, and of the board of regents 
of each of the State Normal Schools; and member 
of the board of trustees of the State University. 

Commissioner of Agriculture, Labor, and Sta- 
tistics. — He promotes and encourages agriculture, 
horticulture, and manufacturing ; publishes, through 
the newspapers, monthly reports of the condition of 
the crops ; and makes biennial reports touching the 
affairs pertaining to his office. He appoints the State 
labor inspectors ; conducts farmers' and industrial 
institutes ; and is chairman of the State board of 
agriculture, forestry, and immigration, which controls 
the State fair. 

Inspector and Examiner. — What is said of the 
office of examiner on page 90 is applicable to the 
office of inspector and examiner in Kentucky. 

Other Officers : 

1. Three Railroad Commissioners. 

2. State Librarian. 

3. State Board of Equalization. 

4. State Inspector of Mines. 

5. Insurance Commissioner. 

6. Three Prison Commissioners. 

7. Board of Control for Charitable Institutions 
(four members). 



238 THE STATE OF KENTUCKY. 

8. Two Election Commissioners. 

9. Clerk of Court of Appeals. 

Judicial Department. — The judicial power of the 
State is vested in a court of appeals, circuit courts, 
quarterly courts, and county courts. Justices of the 
peace are vested with limited judicial powers, and 
municipal courts administer the regulations of incor- 
porated towns and cities. 

Court of Appeals. — The court of appeals consists 
of seven justices, meets at Frankfort, and, if necessary 
to transact its business, is in session every juridical 
day in the year, except during the months of July and 
August. The justices of this court are elected by dis- 
tricts, for eight years. Each must be a citizen of the 
State, not less than thirty-five years of age, shall have 
resided in the State five years and in the district two 
years, and must have practiced law for eight years. 

The court of appeals has jurisdiction to review the 
decisions of all other courts, except civil cases involv- 
ing a value of less than $200, and a few others. 

Circuit Court. — All judicial power, authority, and 
jurisdiction not vested by the constitution or laws in 
other courts, belong to the circuit courts. The State 
is divided for judicial purposes into thirty-three dis- 
tricts. Each district has a circuit judge and a com- 
monwealth's attorney, except that the sixteenth district 
(Kenton County) has two judges, and the thirtieth 
district (Jefferson County) has six. A few districts 
comprise only one county each, where the court is in 
continuous session. Each of the other districts com- 
prises several counties, and has not less than three 
sessions a year. 



THE STATE OF KENTUCKY. 239 

The term of circuit judges and commonwealth's 
attorneys is six years. 

Quarterly and County Courts. — The county judge 
holds a session of the quarterly court once every three 
months or oftener. This court has jurisdiction in 
minor penal cases and in actions for recovering money 
or property not exceeding two hundred dollars in value. 

The jurisdiction and duties of the county court 
have been explained on page 226. 

Suffrage and Elections. — Elections are held every 
year throughout the State, on the first Tuesday after 
the first Monday in November. State and county 
elections are held alternately in odd-numbered years ; 
presidential and congressional elections in even-num- 
bered years. Every male citizen of the United States, 
of the age of twenty-one years and upwards, who has 
resided in the State one year, in the county six months, 
and in the precinct sixty days, immediately preceding 
the election, shall be entitled to vote. Registration 
of voters is required in the larger cities. 

Municipal elections for city and ward officers are 
held in each city of the State at such times as are 
fixed by the respective charters. 

In nearly all elections a secret official ballot is used. 



CONSTITUTION OF THE COMMONWEALTH 
OF KENTUCKY. 

Preamble. 

We, the people of the Commonwealth of Kentucky, grateful to 
Almighty God for the civil, political, and religious liberties we enjoy, 
ind invoking the continuance of these blessings, do ordain and estab 
/ish this Constitution. 

Bill of Rights. 

That the great and essential principles of liberty and free govern- 
ment may be recognized and established, we declare that : — 

Section I. All men are by nature free and equal, and have certain 
inherent and inalienable rights, among which may be reckoned — 

1. The right of enjoying and defending their lives and liberties. 

2. The right of worshiping Almighty God according to the dic- 
tates of their consciences. 

3. The right of seeking and pursuing their safety and happiness. 

4. The right of freely communicating their thoughts and opinions. 

5. The right of acquiring and protecting property. 

6. The right of assembling together in a peaceable manner for their 
common good, and of applying to those invested with the power of 
government for redress of grievances or other proper purposes, by 
petition, address, or remonstrance. * 

7. The right to bear arms in defense of themselves and of the State, 
subject to the power of the General Assembly to enact laws to prevent 
persons from carrying concealed weapons. 

Sec. 2. Absolute and arbitrary powder over the lives, liberty, and 
property of freemen exists nowhere in a republic, not even in the 
largest majority. 

Sec. 3. All men, when they form a social compact, are equal ; and 
no grant of exclusive, separate public emoluments or privileges shall 
be made to any man or set of men, except in consideration of public 
services ; but no property shall be exempt from taxation except as 
provided in this Constitution ; and every grant of a franchise, privi- 
lege, or exemption, shall remain subject' to revocation, alteration, or 
amendment. 

Sec. 4. All power is inherent in the people, and all free govern- 
ments are founded on their authority, and instituted for their peace, 
240 



CONSTITUTION OF KENTUCKY. 241 

safety, happiness, and the protection of property. For the advance- 
ment of these ends, they have at all times an inalienable and indefeasi- 
ble right to alter, reform, or abolish their government in such manner 
as they may deem proper. 

Sec. 5. Xo preference shall ever be given by law to any religious 
sect, society, or denomination ; nor to any particular creed, mode of 
worship, or system of ecclesiastical polity ; nor shall any person be 
compelled to attend any place of worship, to contribute to the erection 
or maintenance of any such pkce or to the salary or support of any 
minister of religion; nor shall any man be compelled to send his child 
to any school to which he may be conscientiously opposed ; and the 
civil rights, privileges, or capacities of no person shall be taken away, 
or in any wise diminished or enlarged, on account of his belief or dis- 
belief of any religious tenet, dogma, or teaching. Xo human author- 
ity shall, in any case whatever, control or interfere with the rights of 
conscience. 

Sec. 6. All elections shall be free and equal. 

Sec. 7. The ancient mode of trial by jury shall beheld sacred, and 
the right thereof remain inviolate, subject to such modifications as 
may be authorized by this Constitution. 

Sec. 8. Printing presses shall be free to every person who under- 
takes to examine the proceedings of the General Assembly or any 
branch of government, and no law shall ever be made to restrain the 
right thereof. Every person may freely and fully speak-, write, and 
print on any subject, being responsible for the abuse of that liberty. 

Sec. 9. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in a public capacity, or where 
the matter published is proper for public information, the truth there- 
of may be given in evidence; and in all indictments for libel the jury 
shall have the right to determine the law and the facts, under the 
direction of the court, as in other cases. 

Sec. 10. The people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable search and seizure; and no war- 
rant shall issue to search any place, or seize any person or thing, with- 
out describing them as nearly as may be. nor without probable cause 
supported by oath or affirmation. 

Sec. 11. In all criminal prosecutions the accused has the right to be 
heard by himself and counsel ; to demand the nature and cause of the 
accusation against him ; to meet the witnesses face to face, and to 
have compulsory process for obtaining witnesses in his favor, lie 
cannot be compelled to give evidence against himself, nor can he be 
deprived of his life, liberty, or property, unless by the judgment of 
his peers or the law of the land ; and in prosecutions by indictment 
or information, he shall have a speedy public trial by an impartial jury 
of the vicinage ; but the General Assembly may provide by a general 
law for a change of venue in such prosecutions for both the defendant 
and the Commonwealth, the change to be made to the most convenient 
county in which a fair trial can be obtained. 

Sec. 12 X'o person, for an indictable offense, shall be proceeded 
against criminally by information, except in cases arising in the land 



242 CONSTITUTION OF KENTUCKY. 

or naval forces, or in the militia, when in actual service in time of wa* 
or public danger, or by leave of court for oppression or misdemeanor 
in office, 

Sec. 13. No person shall, for the same offense, be twice put in jeop- 
ardy of his life or limb, nor shall any man's property be taken or 
applied to public use without the consent of his representatives, and 
without just compensation being previously made to him. 

Sec. 14. All courts shall be open, and every person, for an injury 
done him in his lands, goods, person, or reputation, shall have remedy 
by due course of law, and right and justice administered without sale, 
denial, or delay. 

Sec. 15 No power to suspend laws shall be exercised, unless by 
the General Assembly or its authority. 

Sec. 16. All prisoners shall be bailable by sufficient securities, un- 
less for capital offenses, when the proof is evident or the presumption 
great ; and the privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in case of rebellion or invasion, the public safety 
may require it. 

Sec. 17. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishment inflicted. 

Sec. 18. The person of a debtor, where there is not strong pre- 
sumption of fraud shall not be continued in prison after delivering 
up his estate for the benefit of his creditors in such manner as shall be 
prescribed by law. 

Sec. 19. No ex post facto law, nor any law impairing the obligation 
of contracts, shall be enacted. 

Sec. 20. No person shall be attainted of treason or felony by the 
General Assembly, and no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate to the 
Commonwealth. 

Sec. 21 The estate of such persons as shall destroy their own lives 
shall descend or vest as in cases of natural death ; and if any person 
shall be killed by casualty, there shall be no forfeiture by reason 
thereof. 

Sec. 22. No standing army shall, in time of peace, be maintained 
without the consent of the General Assembly ; and the military shall, 
in all cases and at all times, be in strict subordination to the civil 
power ; nor shall any soldier, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, except in 
a manner prescribed* by law. 

Sec 23. The General Assembly shall not grant any title of nobility 
or hereditary distinction, nor create any office the appointment of 
which shall be for a longer time than a term of years. 

Sec. 24. Emigration from the State shall not be prohibited. 

Sec. 25. Slavery and involuntary servitude in this State are forbid- 
den, except as a punishment for crime whereof the party shall have 
been duly convicted. 

Sec. 26. To guard against transgression of the high powers which 
we have delegated, we declare that everything in this Bill of Rights is 
excepted out of the general powers of government, and shall forever 



CONSTITUTION OF KENTUCKY. 243 

remain inviolate ; and all laws contrary thereto, or contrary to this 
Constitution, shall be void. 

Distribution of the Powers of Government. 

Sec. 27. The powers of the government of the Commonwealth of 
Kentucky shall be divided into three distinct departments, and each 
of them be confined to a separate body of magistracy : to wit, those 
which are legislative, to one ; those which are executive, to another ; 
and those which are judicial, to another. 

Sec. 28. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either of 
the others, except in the instances hereinafter expressly directed or 
permitted. 

Legislative Department. 

Sec. 29. The legislative power shall be vested in a House of Repre- 
sentatives and a Senate, which together shall be styled the " General 
Assembly of the Commonwealth of Kentucky." 

Sec. 30. Members of the House of Representatives and senators 
elected at the August election in one thousand eight hundred and 
ninety-one, and senators then holding over, shall continue in office 
until and including the last day of December, one thousand eight 
hundred and ninety-three. Thereafter the term of office of representa- 
tives and senators shall begin upon the first day of January of the 
year succeeding their election. 

Sec. 31. At the general election in the year one thousand eight 
hundred and ninety-three one senator shall be elected in each sena- 
torial district, and one representative in each representative district. 
The senators then elected shall hold their offices, one-half for two 
years and one-half for four years, as shall be determined by lot at the 
first session of the General Assembly after their election, and the 
representatives shall hold their offices for two years. Every two years 
thereafter there shall be elected for four years one senator in each 
senatorial district in which the term of his predecessor in office will 
then expire, and in every representative district one representative for 
two years. 

Sec. 32. No person shall be a representative who, at the time of 
his election, is not a citizen of Kentucky, has not attained the age of 
twenty-four years, and who has not resided in this State two years 
next preceding his election, and the last year thereof in the county, 
town, or city for which he may be chosen. No person shall be a sen- 
ator who, at the time of his election, is not a citizen of Kentucky, 
has not attained the age of thirty years, and has not resided in this 
State six years next preceding his election, and the last year thereof 
in the district for which he may be chosen. 

Sec. 33. The first General Assembly after the adoption of this Con- 
stitution shall divide the State into thirty-eight senatorial districts, 
and one hundred representative districts, as nearly equal in popula 



244 CONSTITUTION OF KENTUCKY. 

tion as may be without dividing any county, except where a county 
may include more than one district, which districts shall constitute the 
senatorial and representative districts for ten years. Not more than 
two counties shall be joined together to form a representative dis- 
trict : provided, in doing so, the principle requiring e^ery district to 
be as nearly equal in population as may be shall not be violated. At 
the expiration of that time, the General Assembly shall then, and 
every ten years thereafter, redistrict the State according to this rule, 
and for the purposes expressed in this section. If, in making said 
districts, inequality of population should be unavoidable, any advan- 
tage resulting therefrom shall be given to districts having the largest 
territory. No part of a county shall be added to another county to 
make a district, and the counties forming a district shall be con- 
tiguous. 

Sec. 34. The House of Representatives shall choose its speaker 
and other officers, and the Senate shall have power to choose its 
officers, biennially. 

Sec. 35. The number of representatives shall be one hundred, and 
the number of senators thirty-eight. 

Sec. 36. The first General Assembly, the members of which shall 
be elected under this Constitution, shall meet on the first Tuesday 
after the first Monday in January, eighteen hundred and ninety-four, 
and thereafter the General Assembly shall meet on the same day 
every second year, and its sessions shall be held at the seat of gov- 
ernment, except in case of war, insurrection, or pestilence, when it 
may, by proclamation of the governor, assemble, for the time being, 
elsewhere. 

Sec. 37. Not less than a majority of the members of each House 
of the General Assembly shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and shall be 
authorized by law to compel the attendance of absent members in 
such manner and under such penalties as may be prescribed by law. 

Sec. 38. Each House of the General Assembly shall judge of the 
qualifications, elections, and returns of its members, but a contested 
election shall be determined in such manner as shall be directed by 
law. 

Sec. 39. Each House of the General Assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, 
and, with the concurrence of two- thirds, expel a member, but not a 
second time for the same cause, and may punish for contempt any 
person who refuses to attend as a witness, or to bring any paper 
proper to be used as evidence before the General Assembly or either 
House thereof, or a committee of either, or to testify concerning any 
matter which may be a proper subject of inquiry by the General 
Assembly, or offers or gives a bribe to a member of the General 
Assembly, or attempts by other corrupt means or device to control or 
influence a member to cast his vote or withhold the same. The pun- 
ishment and mode of proceeding for contempt in such cases shall be 
prescribed by law, but the term of imprisonment in any such case 
shall not extend beyond the session of the General Assembly. 



CONSTITUTION OF KENTUCKY. 245 

Sec. 40. Each House of the General Assembly shall keep and 
publish daily a journal of its proceedings ; and the yeas and nays of 
the members on any question shall, at the desire of any two of the 
members elected, be entered on the journal. 

Sec. 41. Neither House, during the session of the General Assem- 
bly, shall, without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which it may be sitting. 

Sec. 42. The members of the General Assembly shall severally* 
receive from the State treasury compensation for their services, which 
shall be five dollars a day during their attendance on, and fifteen 
cents per mile for the necessary travel in going to and returning from, 
the sessions of their respective Houses : provided the same may be 
changed by law ; but no change shall take effect during the session at 
which it is made ; nor shall a session of the General Assembly con- 
tinue beyond sixty legislative days, exclusive of Sundays and legal 
holidays ; but this limitation as to length of session shall not apply to 
the first session held under this Constitution, nor to the Senate when 
sitting as a court of impeachment. A legislative day shall be con- 
strued to mean a calendar day. 

Sec. 43. The members of the General Assembly shall, in all cases 
except treason, felony, breach or surety of the peace, be privileged 
from arrest during their attendance on the sessions of their respective 
Houses, and in going to and returning from the same ; and for any 
speech or debate in either House they shall not be questioned in any 
other place. 

Sec. 44. No senator or representative shall, during the term for 
which he was elected, nor for one year thereafter, be appointed or 
elected to any civil office of profit in this Commonwealth, which shall 
have been created, or the emoluments of which shall have been 
increased, during the said term, except to such offices as may be filled 
by the election of the people. 

Sec. 45. No person who may have been a collector of taxes or 
public moneys for the Commonwealth, or for any county, city, town, 
or district, or the assistant or deputy of such collector, shall be 
eligible to the General Assembly, unless he shall have obtained a 
quietus six months before the election for the amount of such 
collection, and for all public moneys for which he may have been 
responsible. 

Sec. 46. No bill shall be considered for final passage, unless the 
same has been reported by a committee, and printed for the use of 
the members. Every bill shall be read at length on three different 
days in each House, but the second and third readings may be dis- 
pensed with by a majority of all the members elected to the House in 
which the bill is pending. But whenever a committee refuses or fails 
to report a bill submitted to it in a reasonable time, the same may be 
called up by any member, and be considered in the same manner it 
would have been considered if it had been reported. No bill shall 
become a law unless, on its final passage, it receives the votes of at 
least two-fifths of the members elected to each House, and a majority 
of the members voting, the vote to be taken by yeas and nays and en- 



246 CONSTITUTION' OF KENTUCKY. 

tered in the journal : provided any act or resolution for the appropri- 
ation of money or the creation of debt shall, on its final passage, receive 
the votes of a majority of all the members elected to each House. 

Sec. 47. All bills for raising revenue shall originate in the House 
of Representatives, but the Senate may propose amendments thereto : 
provided no new matter shall be introduced, under color of amend- 
ment, which does not relate to raising revenue. 

Sec. 48. The General Assembly shall have no power to enact laws 
to diminish the resources of the sinking fund as now established by 
law until the debt of the Commonwealth be paid, but may enact laws 
to increase them ; and the whole resources of said fund, from year to 
year, shall be sacredly set apart, and applied to the payment of the in- 
terest and principal of the State debt, and to no other use or purpose, 
until the whole debt of the State is fully satisfied. 

Sec. 49. The General Assembly may contract debts to meet casual 
deficits or failures in the revenue ; but such debts, direct or contingent, 
singly or in the aggregate, shall not at any time exceed five hundred 
thousand dollars, and the moneys arising from loans creating such 
debts shall be applied only to the purpose or purposes for which they 
were obtained, or to repay such debts : provided the General Assembly 
may contract debts to repel invasion, suppress insurrection, or, if hos- 
tilities are threatened, provide for the public defense. 

Sec. 50. No act of the General Assembly shall authorize any debt 
to be contracted on behalf of the Commonwealth except for the pur- 
poses mentioned in section forty-nine, unless provision be made therein 
to levy and collect an annual tax sufficient to pay the interest stipu- 
lated, and to discharge the debt within thirty years ; nor shall such act 
take effect until it shall have been submitted to the people at a general 
election, and shall have received a majority of all the votes cast for 
and against it : provided the General Assembly may contract debts by 
borrowing money to pay any part of the debt of the State, without 
submission to the people, and without making provision in the act 
Authorizing the same for -a tax to discharge the debt so contracted, 
or the interest thereon. 

SEC 51. No law enacted by the General Assembly shall relate to 
more than one subject, and that shall be expressed in the title, and 
no law shall be revised, amended, or the provisions thereof extended 
or conferred by reference to its title only ; but so much thereof as is 
revised, amended, extended, or conferred shall be reenacted and 
published at length. 

Sec. 52. The General Assembly shall have no power to release, 
extinguish, or authorize the releasing or extinguishing, in whole or in 
part, the indebtedness or liability of any corporation or individual to 
this Commonwealth, or to any county or municipality thereof. 

Sec. 53. The General Assembly shall provide by law for monthly 
investigations into the accounts of the treasurer and auditor of public 
accounts, and the result of these investigations shall be reported to the 
governor, and these reports shall be semi-annually published in two 
newspapers of general circulation in the State. The reports received 
by the governor shall, at the beginning of each session, be transmitted 



CONSTITUTION OF KENTUCKY. 247 

by him to the General Assembly for scrutiny and appropriate 
action. 

Sec. 54. The General Assembly shall have no power to limit the 
amount to be recovered for injuries resulting in death, or for injuries 
to person or property. 

Sec. 55. No act, except general appropriation bills, shall become a 
law until ninety days after the adjournment of the session at which it 
was passed, except in cases of emergency, when, by the concurrence 
of a majority of the members elected to each House of the General 
Assembly, by a yzz. and nay vote entered upon their journals, an act 
may become a law when approved by the governor ; but the reasons 
for the emergency that justifies this action must be set out at length 
in the journal of each House. 

Sec. 56. No bill shall become a law until the same shall have been '| 
signed by the presiding officer of each of the two Houses in open ses- \ 
sion ; and before such officer shall have affixed his signature to any 
bill, he shall suspend all other business, declare that such bill will now 
be read, and that he will sign the same, to the end that it may become 
a law. The bill shall then be read at length and compared ; and, if 
correctly enrolled, he shall, in presence of the House in open session, 
and before any other business is entertained, affix his signature, which 
fact shall be noted in the journal, and the bill immediately sent to 
the other House. When it reaches the other House, the presiding 
officer thereof shall immediately suspend all other business, announce 
the reception of the bill, and the same proceeding shall thereupon be 
observed in every respect as in the House in which it was first signed. 
And thereupon the clerk of the latter House shall immediately pre- 
sent the same to the governor for his signature and approval. 

Sec. 57. A member who has a personal or private interest in any 
measure or bill proposed or pending before the General Assembly, 
shall disclose the fact to the House of which he is a member, and 
shall not vote thereon upon pain of expulsion. 

Sec. 58. The General Assembly shall neither audit nor allow any 
private claim against the Commonwealth, except for expenses incurred 
during the session at which the same was allowed, but may appropriate 
money to pay such claim as shall have been audited and allowed ac- 
cording to law. 

Local and Special Legislation. 

Sec. 59. The General Assembly shall not pass local or special acts 
concerning any of the following subjects, or for any of the following 
purposes : namely, — 

1. To regulate the jurisdiction, or the practice, or the circuits of 
courts of justice, or the rights, powers, duties, or compensation of the 
officers thereof ; but the practice in circuit courts in continuous ses- 
sion may, by a general law, be made different from the practice of 
circuit courts held in terms. 

2. To regulate the summoning, impaneling, or compensation of 
grand or petit jurors. 



248 CONSTITUTION OF KENTUCKY. 

3. To provide for changes of venue in civil or criminal causes. 

4. To regulate the punishment of crimes and misdemeanors, or to 
remit fines, penalties, or forfeitures. 

5. To regulate the limitation of civil or criminal causes. 

6. To affect the estate of cestuis qzw trust, decedents, infants, or 
other persons under disabilities, or to authorize any such persons to 
sell, lease, encumber, or dispose of their property. 

7. To declare any person of age, or to relieve an infant or femt 
covert of disability, or to enable him to do acts allowed only to adults 
not under disabilities. • 

8. To change the law of descent, distribution, or succession. 

9. To authorize the adoption or legitimation of children. 

10. To grant divorces. 

11. To change the name of persons. 

12. To give effect to invalid deeds, wills, or other instruments. 

13. To legalize, except as against the Commonwealth, the unau* 
thorized or invalid act of any officer or public agent of the Common- 
wealth, or of any city, county, or municipality thereof. 

14. To refund money legally paid into the State treasury. 

15. To authorize or to regulate the levy, the assessment, or the coL» 
lection of taxes, or to give any indulgence or discharge to any assessoi 
or collector of taxes, or to his sureties. 

16. To authorize the opening, altering, maintaining, or vacating 
roads, highways, streets, alleys, town plats, cemeteries, graveyards, or 
public grounds not owned by the Commonwealth. 

17. To grant a charter to any corporation, or to amend the charter 
of any existing corporation ; to license companies or persons to own 
or operate ferries, bridges, roads, or turnpikes ; to declare streams 
navigable, or to authorize the construction of booms or dams therein, 
or to remove obstructions therefrom ; to affect toll-gates or to regu- 
late tolls ; to regulate fencing or the running at large of stock. 

18. To create, increase, or decrease fees, percentages, or allow- 
ances to public officers, or to extend the time for the collection thereof, 
or to authorize officers to appoint deputies. 

19. To give any person or corporation the right to lay a railroad 
track or tramway, or to amend existing charters for such purposes. 

20. To provide for conducting elections, or for designating the 
places of voting, or changing the boundaries of wards, precincts, or 
districts, except when new counties may be created. 

21. To regulate the rate of interest. 

22. To authorize the creation, extension, enforcement, impair- 
ment, or release of liens. 

23. To provide for the protection of game and fish. 

24. To regulate labor, trade, mining, or manufacturing. 

25. To provide for the management of common schools. 

26. To locate or change a county seat. 

27. To provide a means of taking the sense of the people of any 
city, town, district, precinct, or county, whether they wish to author- 
ize, regulate, or prohibit therein the sale of vinous, spirituous, or malt- 
liquors, or alter the liquor laws. 



CONSTITUTION OF KENTUCKY. 249 

28. Restoring to citizenship persons convicted of infamous crimes. 

29. In all other cases where a general law can be made applica- 
ble, no special law shall be enacted. 

Sec. 60. The General Assembly shall not indirectly enact any 
special or local act by the repeal in part of a general act, or by ex- 
empting from the operation of a general act any city, town, district, 
or county ; but laws repealing local or special acts may be enacted. 
No law shall be enacted granting powers or privileges in any case 
where the granting of such powers or privileges shall have been pro- 
vided for by a general law, nor where the courts have jurisdiction to 
grant the same or to give the relief asked for. No law, except such 
as relates to the sale, loan, or gift of vinous, spirituous, or malt 
liquors, bridges, turnpikes or other public roads, public buildings or 
improvements, fencing, running at large of stock, matters pertaining 
to common schools, paupers, and the regulation by counties, cities, 
towns, or other municipalities, of their local affairs, shall be enacted 
to take effect upon the approval of any other authority than the Gen- 
eral Assembly, unless otherwise expressly provided in this Constitu- 
tion. 

Sec. 61. The General Assembly shall by general law provide a 
means whereby the sense of the people of any county, city, town, dis- 
trict, or precinct may be taken, as to whether or not spirituous, vin- 
ous, or malt liquors shall be sold, bartered, or loaned therein, or the 
sale thereof regulated ; but nothing herein shall be construed to in- 
terfere with or to repeal any law in force relating to the sale or gift 
of such liquors. All elections on this question may be held on a day 
other than the regular election days. 

Sec. 62. The style of the laws of this Commonwealth shall be as 
follows: " Be it enacted by the General Assembly of the Common- 
wealth of Kentucky." 

Counties and County Seats. 

Sec. 63. No new county shall be created by the General Assem- 
bly which will reduce the county or counties, or either of them, from 
which it shall be taken, to less area than four hundred square miles ; 
nor shall any county be formed of less area ; nor shall any boundary 
line thereof pass within less than ten miles of any county seat of the 
county or counties proposed to be divided. Nothing contained herein 
shall prevent the General Assembly from abolishing any county. 

Sec. 64. No county shall be divided, or have any part stricken 
therefrom, except in the formation of new counties, without submit- 
ting the question to a vote of the people of the county, nor unless the 
majority of all the legal voters of the county voting on the question 
shall vote for the same. The county seat of no county as now located, 
or as may hereafter be located, shall be moved, except upon a vote of 
two-thirds of those voting ; nor shall any new county be established 
which will reduce any county to less than twelve thousand inhabit- 
ants, nor shall any county be created containing a less population. 

SEC 65. There shall be no territory stricken from any county un- 



250 CONSTITUTION OF KENTUCKY. 

less a majority of the voters living in such territory shall petition for 
such division ; but the portion so stricken off and added to another 
county, or formed in whole or in part into a new county, shall be 
bound for its proportion of the indebtedness of the county from which 
it has been taken. 

Impeachments. 

Sec. 66. The House of Representatives shall have the sole power 
of impeachment. 

Sec. 67. All impeachments shall be tried by the Senate. When 
sitting for that purpose, the senators shall be upon oath or affirmation. 
No person shall be convicted without the concurrence of two-thirds 
of the senators present. 

Sec. 68. The governor and all civil officers shall be liable to im- 
peachment for any misdemeanors in office ; but judgment in such 
cases shall not extend further than removal from office, and disquali- 
fication to hold any office of honor, trust, or profit under this Com- 
monwealth ; but the party convicted shall, nevertheless, be subject 
and liable to indictment, trial, and punishment by law. 

The Executive Department. 
Officers for the State at Large. 

Sec. 69. The supreme executive power of the Commonwealth 
shall be vested in a chief magistrate, who shall be styled the M Gov- 
ernor *of the Commonwealth of Kentucky/' 

Sec 70. He shall be elected for the term of four years by the 
qualified voters of the State. The person having the highest number 
of votes shall be governor ; but if two or more shall be equal and 
highest in votes, the election shall be determined by lot in such man- 
ner as the General Assembly may direct. 

Sec. 71. He shall be ineligible for the succeeding four years after 
the expiration of the term for which he shall have been elected. 

Sec. 72 He shall be at least thirty years of age, and have been a 
citizen and a resident of Kentucky for at least six years next preced- 
ing his election. 

Sec. 73. He shall commence the execution of the duties of his 
office on the fifth Tuesday succeeding his election, and shall continue 
in the execution thereof until his successor shall have qualified. 

Sec. 74. He shall at stated times receive for his services a compen- 
sation to be fixed by law. 

Sec. 75. He shall be commander-in-chief of the army and navy of 
this Commonwealth, and of the militia thereof, except when they shall 
be called into the service of the United States ; but he shall not com- 
mand personally in the field, unless advised so to do by a resolution 
of the General Assembly. 

Sec. 76 He shall have the power, except as otherwise provided 
in this Constitution, to fill vacancies by granting commissions, which 



CONSTITUTION OF KENTUCKY, 25 I 

shall expire when such vacancies shall have been tilled according to 
the provisions of this Constitution. 

Sec. 77. He shall have power to remit fines and forfeitures, com- 
mute sentences, grant reprieves and pardons, except in case of 
impeachment ; and he shall file with each application therefor a state- 
ment of the reasons for his decision thereon, which application and 
statement shall always be open to public inspection. In cases of 
treason, he shall have power to grant reprieves until the end of the 
next session of the General Assembly, in w r hich the power of par- 
doning shall be vested ; but he shall have no power to remit the fees 
of the clerk, sheriff, or Commonwealth's attorney in penal or criminal 
cases. 

Sec. 78. He may require information in writing from the officers 
of the Executive Department upon any subject relating to the duties 
of their respective offices. 

Sec. 79. He shall from time to time give to the General Assembl) 
information of the state of the Commonwealth, and recommend to 
their consideration such measures as he may deem expedient. 

Sec. 80. He may, on extraordinary occasions, convene the General 
Assembly at the seat of government, or at a different place, if that 
should have become dangerous from an enemy or from contagious 
diseases. In case of disagreement between the two Houses with re- 
spect to the time of adjournment, he may adjourn them to such 
time as he shall think proper, not exceeding four months. When 
he shall convene the General Assembly, it shall be by proclama- 
tion, stating the subjects to be considered, and no others shall be 
considered. 

Sec. 81. He shall take care that the laws be faithfully executed. 

Sec. S2. A lieutenant-governor shall be chosen at every regular 
election for governor, in the same manner, to continue in office for 
the same time, and possess the same qualifications, as the governor. 
He shall be ineligible to the office of lieutenant-governor for the suc- 
ceeding four years after the expiration of the term for which he shall 
have been elected. 

Sec. 83. He shall, by virtue of his office, be president of the 
Senate, have a right, when in committee of the whole, to debate and 
vote on all subjects, and, when the Senate is equally divided, to give 
the casting vote. 

Sec. 84. Should the governor be impeached, and removed from 
office, die, refuse to qualify, resign, be absent from the State, or be 
from any cause unable to discharge the duties of his office, the lieu- 
tenant-governor shall exercise all the power and authority appertaining 
to the office of governor until another be duly elected and qualified, 
or the governor shall return or be able to discharge the duties of his 
office. On the trial of the governor, the lieutenant-governor shall 
not act as president of the Senate or take part in the proceedings, 
but the chief justice of the Court of Appeals shall preside during the 
trial. 

Sec. 85. A president pro tempore of the Senate shall be elected by 
each Senate as soon after its organization as possible, the lieutenant- 



252 CONSTITUTION OF KENTUCKY. 

governor vacating his seat as president of the Senate until such elec- 
tion shall be made ; and as often as there is a vacancy in the office of 
president pro tempore, another president pro tempore of the Senate 
shall be elected by the Senate, if in session. And if, during the 
vacancy of the office of governor, the lieutenant-governor shall be 
impeached, and removed from office, refuse to qualify, resign, die, or 
be absent from the State, the president pro tempore of the Senate 
shall in like manner administer the government : provided, whenever 
a vacancy shall occur in the office of governor before the first two 
years of the term shall have expired, a new election for governor 
shall take place to fill such vacancy. 

Sec. 86. The lieutenant-governor, or president pro tempore of the 
Senate, while he acts as president of the Senate, shall receive for his 
services the same compensation which shall, for the same period, be 
allowed for the speaker of the House of Representatives ; and during 
the time he administers the government as governor, he shall receive 
the same compensation which the governor would have received had 
he been employed in the duties of his office. 

Sec. 87. If the lieutenant-governor shall be called upon to admin- 
ister the government, and shall, while in such administration, resign, 
die, or be absent from the State during the recess of the General 
Assembly, if there be no president pro te?npore of the Senate, it shall 
be the duty of the secretary of state for the time being to convene 
the Senate for the purpose of choosing a president ; and until a presi- 
dent is chosen, the secretary of state shall administer the government. 
If there be no secretary of state to perform the duties devolved upon 
him by this section, or in case that officer be absent from the State, 
then the attorney-general for the time being shall convene the Sen- 
ate for the purpose of choosing a president, and shall administer the 
government until a president is chosen. 

Sec. 83, Every bill which shall have passed the two Houses shall 
be presented to the governor. If he approve, he shall sign it ; but if 
not, he shall return it, with his objections, to the House in which it 
originated, which shall enter the objections in full upon its journal, 
and proceed to reconsider it. If, after such reconsideration, a ma- 
jority of all the members elected to that House shall agree to pass 
the bill, it shall be sent, with the objections, to the other House, by 
which it shall likewise be considered, and, if approved by a majority of 
all the members elected to that House, it shall be a law ; but in such 
case the votes of both Houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill shall 
be entered upon the journal of each House respectively. II any bill 
shall not be returned by the governor within ten days (Sundays ex- 
cepted) after it shall have been presented to him, it shall be a law in 
like manner as if he had signed it, unless the General Assembly, by 
their adjournment, prevent its return, in which case it shall be a law, 
unless disapproved by him within ten days after the adjournment, in 
which case his veto message shall be spread upon the register kept 
by the secretary of state. The governor shall have power to disap- 
prove any part or parts of appropriation bills embracing distinct 



CONSTITUTION OF KENTUCKY, 2^ 

items, and the part or parts disapproved shall not become a law unless 
reconsidered and passed, as in case of a bill. 

Sec. 89. Every order, resolution, or vote in which the concurrence 
of both Houses may be necessary, except on a question of adjourn- 
ment, or as otherwise provided in this Constitution, shall be pre- 
sented to the governor, and, before it shall take effect, be approved 
by him, or, being disapproved, shall be repassed by a majority of the 
members elected to both Houses, according to the rules and limita- 
tions prescribed in case of a bill. 

Sec 90. Contested elections for governor and lieutenant-governor 
shall be determined by both Houses of the General Assembly, accord- 
ing to such regulations as may be established by law. 

Sec. 91. A treasurer, auditor of public accounts, register of the 
land office, commissioner of agriculture, labor, and statistics, secretary 
of state, attorney-general, and superintendent of public instruction, 
shall be elected by the qualified voters of the State at the same time 
the governor is 'elected, for the term of four years, each of whom 
shall be at least thirty years of age at the time of his election, and 
shall have been a resident citizen of the State at least two years next 
before his election. The duties of all these officers shall be such as 
may be prescribed by law ; and the secretary of state shall keep a fair 
register of and attest all the official acts of the governor, and shall, 
when required, lay the same, and all papers, minutes, and voucher? 
relative thereto, before either House of the General Assembly. The 
officers named in this section shall enter upon the discharge of their 
duties the first Monday in January after their election, and shall hold 
their offices until their successors are elected and qualified. 

Sec. 92. The attorney-general shall have been a practicing lawyer 
eight years before his election. 

Sec. 93. The treasurer, auditor of public accounts, secretary of 
state, commissioner of agriculture, labor, and statistics, attorney-gen- 
eral, superintendent of public instruction, and register of the land 
office shall be ineligible to reelection for the succeeding four years 
after the expiration of the term for which they shall have been 
elected. The duties and responsibilities of these officers shall be pre- 
scribed by law, and all fees collected by any of said officers shall be 
covered into the treasury. Inferior State officers, not specifically 
provided for in this Constitution, may be appointed or elected, in 
such manner as may be prescribed by law, for a term not exceeding 
four years, and until their successors are appointed or elected and 
qualified. 

Sec. 94. The General Assembly may provide for the abolishment 
of the office of the register of the land office, to take effect at the 
end of any term, and shall provide by law for the custody and preser- 
vation of the papers and records of said office, if the same be 
abolished. 

Sec. 95. The election under this Constitution for governor, lieu- 
tenant-governor, treasurer, auditor of public accounts, register of the 
land office, attorney-general, secretary of state, superintendent of 
public instruction, and commissioner of agriculture, labor, and statis- 



254 CONSTITUTION OF KENTUCKY. 

tics, shall be held on the first Tuesday after the first Monday in 
November, eighteen hundred and ninety- five, and the same day every 
four years thereafter. 

Sec. 96. All the officers mentioned in section ninety-five shall be 
paid for their services by salary, and not otherwise. 

Officers for Districts and Counties. 

Sec. 97. At the general election in eighteen hundred and ninety- 
two there shall be elected in each circuit court district a Common- 
wealth's attorney, and in each county a clerk of the circuit court, who 
shall enter upon the discharge of the duties of their respective offices 
on the first Monday in January after their election, and shall hold 
their offices five years, and until their successors are elected and 
qualified. In the year eighteen hundred and ninety-seven, and every 
six years thereafter, there shall be an election in each county for a 
circuit court clerk, and for a Commonwealth's attorney in each circuit 
court district, unless that office be abolished, who shall hold their 
respective offices for six years from the first Monday in January after 
their election, and until the election and qualification of their suc- 
cessors. 

Sec. 98. The compensation of the Commonwealth's attorney shall 
be by salary and such percentage of fines and forfeitures as may be 
fixed by law, and such salary shall be uniform in so far as the same 
shall be paid out of the State treasury, and not to exceed the sum of 
five hundred dollars per annum ; but any county may make addi- 
tional compensation, to be paid by said county. Should any per- 
centage of fines and forfeitures be allowed by law, it shall not be paid 
except upon such proportion of the fines and forfeitures as have been 
collected and paid into the State treasury, and not until so collected 
and paid. 

Sec. 99. There shall be elected in eighteen hundred and ninety, 
four in each county a judge of the county court, a county court clerk, 
a county attorney, sheriff, jailer, coroner, surveyor, and assessor, and 
in each justice's district one justice of the peace and one constable, 
who shall enter upon the discharge of the duties of their offices on the 
first Monday in January after their election, and continue in office 
three years, and untii the election and qualification of their succes- 
sors ; and in eighteen hundred and ninety-seven, and every four years 
thereafter, there shall be an election in each county of the officers 
mentioned, who shall hold their offices four years (from the first 
Monday in January after their election), and until the election and 
qualification of their Successors. The first election of sheriffs under 
this Constitution shall be held in eighteen hundred and ninety- two, 
and the sheriffs then elected shall hold their offices two years, and 
until the election and qualification of their successors. The sheriffs 
now in office for their first term shall be eligible to reelection in 
eighteen hundred and ninety-two, and those elected in eighteen hun- 
dred and ninety-two for the first term shall be eligible to reelection 
in eighteen hundred and ninety-four, but thereafter no sheriff shall 



CONSTITUTION OF KENTUCKY. 255 

be eligible to reelection or to act as deputy for the succeeding 
term. 

Sec. too. No person shall be eligible to the offices mentioned in 
sections ninety-seven and ninety-nine who is not at the time of his 
election twenty-four years of age (except clerks of county and circuit 
courts, who shall be twenty-one years of age), a citizen of Kentucky, 
and who has not resided in the State two years, and one year next 
preceding his election in the county and district in Which he is a can- 
didate. No person shall be eligible to the office of Commonwealth's 
attorney unless he shall have been a licensed practicing lawyer four 
years. No person shall be eligible to the office of county attorney 
unless he shall have been a licensed practicing lawyer two years. No 
person shall be eligible to the office of clerk unless he shall have pro- 
cured from a judge of the Court of Appeals, or a judge of a circuit 
court, a certificate that he has been examined by the clerk of his 
court under his supervision, and that he is qualified for the office 
for which he is a candidate. 

Sec. ioi. Constables shall possess the same qualifications as sher- 
iffs, and their jurisdiction shall be coextensive with the counties in 
which they reside. Constables now in office shall continue in office 
until their successors are elected and qualified. 

Sec. 102. When a new county shall be created, officers for the 
same, to serve until the next regular election, shall be elected or 
appointed in such way and at such times as the General Assembly 
may prescribe. 

Sec. 103. The judges of county courts, clerks, sheriffs, surveyors, 
coroners, jailers, constables, and such other officers as the General 
Assembly may from time to time require, shall, before they enter 
upon the duties of their respective offices, and as often thereafter as 
may be deemed proper, give such bond and security as may be pre- 
scribed by law. 

Sec. 104. The General Assembly may abolish the office of assessor, 
and provide that the assessment of property shall be made by other 
officers ; but it shall have power to reestablish the office of assessor 
and prescribe his duties. No person shall be eligible to the office of 
assessor two consecutive terms. 

Sec. 105. The General Assembly may at any time consolidate the 
offices of jailer and sheriff in any county or counties, as it shall deem 
most expedient ; but, in the event such consolidation be made, the 
office of sheriff shall be retained, and the sheriff shall be required to 
perform the duties of jailer. 

Sec. 106. The fees of county officers shall be regulated by law. 
In counties or cities having a population of seventy-five thousand or 
more, the clerks of the respective courts thereof (except the clerk of 
the city court), the marshals, the sheriffs, and the jailers shall be 
paid out of the State treasury, by salary to be fixed by law, the 
salaries of said officers and of their deputies and necessary office 
expenses not to exceed seventy-five per centum of the fees collected 
by said officers respectively, and paid into the treasury. 

Sec. 107. The General Assembly may provide for the election or 



256 CONSTITUTION OF KENTUCKY. 

appointment, for a term not exceeding four years, of such other 
county or district ministerial and executive officers as may from time 
to time be necessary. 

Sec. 108. The General Assembly may, at any time after the expira- 
tion of six years from the adoption of this Constitution, abolish the 
office of Commonwealth's attorney, to take effect upon the expiration 
of the terms of the incumbents, in which event the duties of said 
office shall be discharged by the county attorneys. 

The Judicial Department. 

Sec. 109. The judicial power of the Commonwealth, both as to 
matters of law and equity, shall be vested in the Senate when sitting 
as a court of impeachment, and one Supreme Court (to be styled the 
Court of Appeals), and the courts established by this Constitution. 

Court of Appeals. 

Sec. 1 10. The Court of Appeals shall have appellate jurisdiction 
only, which shall be coextensive with the State, under such restric- 
tions and regulations, not repugnant to this Constitution, as may from 
time to time be prescribed by law. Said court shall have power to 
issue such writs as may be necessary to give it a general control of 
inferior jurisdictions. 

Sec. ill. The Court of Appeals shall be held at the seat of govern- 
ment ; but if that shall become dangerous, in case of war, insurrection, 
or pestilence, it may adjourn to meet and transact its business at such 
other place in the State as it may deem expedient for the time being. 

Sec. 112. The judges of the Court of Appeals shall severally hold 
their offices for the term of eight years, commencing on the first 
Monday in January next succeeding their respective elections, and 
until their several successors are qualified, subject to the conditions 
hereinafter prescribed. For any reasonable cause the governor shall 
remove them, or any one or more of them, on the address of two- 
thirds of each House of the General Assembly. The cause or causes 
for which said removal shall be required shall be stated at length in 
such address and in the journal of each House. They shall at stated 
times receive for their services an adequate compensation, to be fixed 
by law. 

Sec. 113. The Court of Appeals shall, after eighteen hundred and 
ninety-four, consist of not less than five nor more than seven judges. 
They shall severally, by virtue of their office, be conservators of the 
peace throughout the State, and shall be commissioned by the governor. 

Sec. 114. No person shall be eligible to election as a judge of the 
Court of Appeals who is not a citizen of Kentucky, and has not 
resided in this State five years, and in the district in which he is 
elected two years, next" preceding his election, and who is less than 
thirty-five years of age, and has not been a practicing lawyer eight 
years, or whose services upon the bench of a circuit court or court of 



CONSTITUTION OF KENTUCKY. 257 

similar jurisdiction, when added to the time he may have practiced 
law, shall not be equal to eight years. 

Sec. 115. The present judges of the Court of Appeals shall hold 
their offices until their respective terms expire, and until their several 
successors shall be qualified ; and at the regular election next pre- 
ceding the expiration of the term of each of the present judges, his 
successor shall be elected. The General Assembly shall, before the 
regular election in eighteen hundred and ninety-four, provide for the 
election of such judges of the Court of Appeals, not less than five nor 
exceeding seven, as may be necessary ; and if less than seven judges 
be provided for, the General Assembly may at any time increase the 
number to seven. 

Sec. 116. The judges of the Court of Appeals shall be elected by 
districts. The General Assembly shall, before the regular election in 
eighteen hundred and ninety-four, divide the State, by counties, into 
as many districts, as nearly equal in population and as compact in 
form as possible, as it may provide shall be the number of judges of 
the Court of Appeals ; and it may, every ten years* thereafter, or when 
the number of judges requires it, redistrict the State in like manner. 
Upon the creation of new or additional districts, the General Assem- 
bly shall designate the year in which the first election for a judge of 
the Court of Appeals shall be held in each district, so that not more 
than the number of judges provided for shall be elected, and that no 
judge may be deprived of his office until the expiration of the term 
for which he was elected. 

Sec. 117. A majority of the judges of the Court of Appeals shall 
constitute a quorum for the transaction of business, but in the event 
as many as two decline, on account of interest or for other reason, to 
preside in the trial of any cause, the governor, on that fact being cer- 
tified to him by the chief justice, shall appoint to try the particular 
cause a sufficient number of judges to constitute a full court. The 
judges so appointed shall possess the qualifications prescribed for 
judges of the Court of Appeals, and receive the same compensation, 
proportioned to the length of service. 

Sec. 118. The judge longest in commission as judge of the Court 
of Appeals shall be chief justice, and if the term of service of two or 
more judges be the same, they shall determine by lot which of their 
number shall be chief justice. The court shall prescribe by rule that 
petitions for rehearing shall be considered by a judge who did not 
deliver the opinion in the case ; and the court, if composed of seven 
judges, shall divide itself into sections for the transaction of business, 
if, in the judgment of the court, such arrangement is necessary. 

Sec. 119. The Superior Court shall continue until the terms of the 
present judges of said court expire ; and upon the expiration of their 
terms, all causes pending before the Superior Court shall be trans- 
ferred to the Court of Appeals, and be determined by it. 

Sec. 120. The present clerk of the Court of Appeals shall serve 
until the expiration of the term for which he was elected, and until 
his successor is elected and qualified. At the election in the year 
eighteen hundred and ninety-seven there shall be elected by the 

17 



258 CONSTITUTION OF KENTUCKY. 

qualified voters of the State a clerk of the Court of Appeals, who shall 
take his office the first Monday in September, eighteen hundred 
and ninety-eight, and who shall hold his office until the regular 
election in nineteen hundred and three, and until his successor shall 
be elected and qualified. In nineteen hundred and three, and there- 
after, the clerk of the Court of Appeals shall be elected at the same 
time as the governor, for the term of four years ; and the said clerk 
shall take his office on the first Monday in January following his 
election, and shall hold his office until his successor is elected and 
qualified. The clerk shall be ineligible for the succeeding term. 

Sec. 121. No person shall be eligible to the office of clerk of the 
Court* of Appeals unless he is a citizen of Kentucky, a resident 
thereof for two years next preceding his election, of the age of twenty- 
one years, and have a certificate from a judge of the Court of Appeals 
that he has been examined by him, or by the clerk of his court under , 
his supervision, and that he is qualified for the office. 

Sec. 122. Should a vacancy occur in the office of the clerk of the 
Court of Appeals, or should the clerk be under charges, the Court of 
Appeals shall have power to appoint a clerk until the vacancy be 
filled as provided in this Constitution, or until the clerk be acquitted. 

Sec. 123. The style of process shall be "The Commonwealth of 
Kentucky " All prosecutions shall be carried on in the name and by 
the authority of the "Commonwealth of Kentucky," and conclude 
against the peace and dignity of the same. 

Sec. 124. The clerks of the Court of Appeals, circuit and county 
courts, shall be removable from office by the Court of Appeals, upon 
information and good cause shown. The court shall be judge of the 
facts as well as the law. Two-thirds of the members present must 
concur in the sentence. 

Circuit Courts. 

Sec. 125. A circuit court shall be established in each county now 
existing, or which may hereafter be created, in this Commonwealth. 

Sec. 126. The jurisdiction of said court shall be and remain as 
now established, hereby giving to the General Assembly the power to 
change it. 

Sec. 127. The right to appeal or sue out a writ of error shall re- 
main as it now exists until altered by law, hereby giving to the Gen' 
eral Assembly the power to change or modify said right. 

Sec. 128. At its first session after the adoption of this Constitution, 
the General Assembly, having due regard to territory, business, and 
population, shall divide the State into a sufficient number of judicial 
districts to carry into effect the provisions of this Constitution con- 
cerning circuit courts. In making such apportionment, no county shall 
be divided ; and the number of said districts, excluding those in coun- 
ties having a population of one hundred and fifty thousand, shall not 
exceed one district for each sixty thousand of the population of the 
entire State. 

Sec. 129. The General Assembly shall, at the same time the judi- 



CONSTITUTION OF KENTUCKY. 25* 

cial districts are laid off, direct elections to be held in each district tc 
elect a judge therein. The first election of judges of the circuit courts 
under this Constitution shall take place at the annual election in the 
year eighteen hundred and ninety-two, and the judges then elected 
shall enter upon the discharge of the duties of their respective offices 
on the first Monday in January after their election, and hold their 
offices five years, and until their successors are elected and qualified. 
At the general election in eighteen hundred and ninety-seven, and 
every six years thereafter, there shall be an election for judges of the 
circuit courts, who shall hold their offices for six years from the first 
Monday in January succeeding their election. They shall be com- 
missioned by the governor, and continue in office until their successors 
shall have been qualified, but shall be removable in the same manner 
as the judges of the Court of Appeals. The removal of a judge from 
his district shall vacate his office. 

Sec. 130. No person shall be eligible as judge of the circuit court 
.vho is less than thirty-five years of age when elected, who is not a 
citizen of Kentucky, and a resident of the district in which he may be 
a candidate two years next preceding his election, and who has not 
been a practicing lawyer eight years. 

Sec. 131. There shall be at least three regular terms of circuit court 
held in each county every year. 

Sec. 132. The General Assembly, when deemed necessary, may 
establish additional districts ; but the whole number of districts, ex- 
clusive of counties having a population of one hundred and fifty thou- 
sand, shall not exceed at any time, one for every sixty thousand of 
population of the State according to the last enumeration. 

Sec. 133. The judges of the circuit court shall at stated times 
receive for their services an adequate compensation to be fixed by law, 
which shall be equal and uniform throughout the State, so far as the 
same shall be paid out of the State treasury. 

Sec. 134. The judicial districts of the State shall not be changed 
except at the first session after an enumeration, unless upon the estab- 
lishment of a new district. 

Sec. 135. No courts save those provided for in this Constitution 
shall be established. 

Sec. 136. The General Assembly shall provide by law for holding 
circuit courts, when from any cause the judge shall fail to attend, or, 
if in attendance, cannot properly preside. 

Sec. 137. Each county having a population of one hundred and 
fifty thousand, or over, shall constitute a district, which shall be en- 
titled to four judges. Additional judges for said district may from 
time to time be authorized by the General Assembly, but not to exceed 
one judge for each increase of forty thousand of population in said 
county, to be ascertained by the last enumeration. Each of the judges 
in such a district shall hold a separate court, except when a general 
term may be held for the purpose of making rules of court, or as may 
be required bylaw : provided no general term shall have power to re- 
view any order, decision, or proceeding of any branch of the court in 
said district made in separate term. There shall be one clerk for 



260 CONSTITUTION OF KENTUCKY. 

such district, who shall be known as the clerk of the circuit court. 
Criminal causes shall be under the exclusive jurisdiction of some one 
branch of said court ; and all other litigation in said district, of which 
the circuit court may have jurisdiction, shall be distributed as equally 
as may be between the other branches thereof, in accordance with the 
rules of the court made in general term or as may be prescribed by 
law. 

Sec. 138. Each county having a city of twenty thousand inhabit- 
ants, and a population, including said city, of forty thousand or more, 
may constitute a district ; and when its population reaches seventy-five 
thousand, the General Assembly may provide that it shall have an 
additional judge, and such district may have a judge for each addi- 
tional fifty thousand population above one hundred thousand. And 
in such counties the General Assembly shall by proper laws direct in 
what manner the court shall be held and the business therein con- 
ducted. 

Quarterly Courts. 

Sec. 139. There shall be established in each county now existing, 
or which may be hereafter created, in this State, a court, to be styled 
the " quarterly court," the jurisdiction of which shall be uniform 
throughout the State, and shall be regulated by a general law, and, 
until changed, shall be the same as that now vested by law in the 
quarterly courts of this Commonwealth. The judges of the county 
court shall be the judges of the quarterly courts. 

County Courts. 

Sec. 140. There shall be established in each county now existing, 
or which may be hereafter created, in this State, a court, to be styled 
the " county court," to consist of a judge, who shall be a conservator 
of the peace, and shall receive such compensation for his services as 
may be prescribed by law. He shall be commissioned by the gover- 
nor, and shall vacate his office by removal from the county in which 
he may have been elected. 

Sec. 141. The jurisdiction of the county court shall be uniform 
throughout the State, and shall be regulated by general law, and, until 
changed, shall be the same as now vested in the county courts of this 
State by law. 

Justices' Courts. 

Sec. 142. Each county now existing, or which may hereafter be 
created, in this State, shall be laid off into districts in such manner as 
the General Assembly may direct ; but no county shall have less than 
three nor more than eight districts, in each of which districts one jus- 
tice of the peace shall be elected as provided in section ninety-nine; 
The General Assembly shall make provisions for regulating the num- 
ber of said districts from time to time within the limits herein pre- 
scribed, and for fixing the boundaries thereof. The jurisdiction of 



CONSTITUTION OF KENTUCKY. 261 

justices of the peace shall be coextensive with the county, and shall 
be equal and uniform throughout the State. Justices of the peace 
shall be conservators of the peace. They shall be commissioned by 
the governor, and shall vacate their offices by removal from the dis- 
tricts, respectively, in which they may have been elected. 

Police Courts. 

Sec. 143. A police court may be established in each city and town 
in this State, with jurisdiction in cases of violation of municipal ordi- 
nances and by-laws occurring within the corporate limits of the city or 
town in which it is established, and such criminal jurisdiction within 
the said limits as justices of the peace have. The said courts may be 
authorized to act as examining courts, but shall have no civil jurisdic- 
tion : provided the General Assembly may confer civil jurisdiction on 
police courts in cities and towns of the fourth and fifth classes and in 
towns of the sixth class having a population of two hundred and fifty 
or more, which jurisdiction shall be uniform throughout the State, 
and not exceed that of justices of the peace. 

Fiscal Courts. 

Sec. 144. Counties shall have a fiscal court, which may consist of 
the judge of the county court and the justices of the peace, in which 
court the judge of the county court shall preside, if present ; or a 
county may have three commissioners, to be elected from the county 
at large, who, together with the judge of the county court, shall con- 
stitute the fiscal court. A majority of the members of said court shall 
constitute a court for the transaction of business ; but where, for 
county governmental purposes, a city is by law separated from the 
remainder of the county, such commissioners may be elected from th<? 
part of the county outside of such city. 

Suffrage and Elections. 

Sec. 145. Every male citizen of the United States of the age oi 
twenty-one years, who has resided in the State one year, and in the 
county six months, and in the precinct in which he offers to vote sixty- 
days, next preceding the election, shall be a voter in said precinct, and 
not elsevvhere ; but the following persons are excepted, and shall not 
have the right to vote : — 

1. Persons convicted, in any court of competent jurisdiction, of trea- 
son, or felony, or bribery in an election, or of such high misdemeanor 
as the General Assembly may declare shall operate as an exclusion 
from the right of suffrage ; but persons hereby excluded may be re- 
stored to their civil rights by Executive pardon. 

2. Persons who, at the time of the election, are in confinement 
under the judgment of a court for some penal offense. 

3. Idiots and insane persons. 



262 CONSTITUTION OF KENTUCKY 

Sec. 146. No person in the military, naval, or marine service of 
the United States shall be deemed a resident of this State by reason of 
being stationed within the same. 

Sec. 147. The General Assembly shall provide by law for the regis- 
tration of all persons entitled to vote in cities and towns having a 
population of five thousand or more, and may provide by general law 
for the registration of other voters in the State. Where registration 
is required, only persons registered shall have the right to vote. The 
mode of registration shall be prescribed by the General Assembly. 
In all elections by persons in a representative capacity, the voting 
shall be viva voce, and made a matter of record ; but all elections by 
the people shall be by secret official ballot, furnished by public author- 
ity to the voters at the polls, and marked by each voter in private at 
the polls, and then and there deposited. The word " elections " in 
thL section includes the decision of questions submitted to the voters, 
as well as the choice of officers by them. The first General Assembly 
held after the adoption of this Constitution shall pass all necessary 
laws to enforce this provision, and shall provide that persons illiter- 
ate, blind, or in any way disabled, may have their ballots marked as 
herein required. 

Sec. 148. Not more than one election each year shall be held in 
this State or in any city, town, district, or county thereof, except as 
otherwise provided in this Constitution. All elections of State, 
county, city, town, or district officers shall be held on the first Tues- 
day after the first Monday in November ; but no officer of any city, 
town, or county, or»of any subdivision thereof, except members of 
municipal legislative boards, shall be elected in the same year in 
which members of the House of Representatives of the United States 
are elected. District or State officers, including members of the Gen- 
eral Assembly, may be elected in the same year in which members of 
the House of Representatives of the United States are elected. All 
elections by the people shall be between the hours of six o'clock a.m. 
and seven o'clock p.m., but the General Assembly may change said 
hours, and all officers of any election shall be residents and voters in 
the precinct in which they act. The General Assembly shall provide 
by law that all employers shall allow employees, under reasonable regu 
lations, at least four hours on election days, in which to cast their votes. 

Sec. 149. Voters, in all cases except treason, felony, breach or 
surety of the peace, or violation of the election laws, shall be privi- 
leged from arrest during their attendance at elections, and while they 
are going to and returning therefrom. 

Sec. 150. Every person shall be disqualified from holding any office 
of trust or profit for the term for which he shall have been elected, 
who shall be convicted of having given, or consented to the giving, 
offer, or promise of, any money or other thing of value, to procure 
his election, or to influence the vote of any voter at such election ; 
and if any corporation shall, directly or indirectly, offer, promise, or 
give, or shall authorize, directly or indirectly, any person to offer, 
promise, or give, any money or any thing of value to influence the 
result of any election in this State, or the vote of any voter authorized 



CONSTITUTION OF KENTUCKY. 263 

to vote therein, or who shall afterward reimburse or compensate, in 
any manner whatever, any person who shall have offered, promised, 
or given any money or other thing of value to influence the result of 
any election or the vote of any such voter, such corporation, if organ- 
ized under the laws of this Commonwealth, shall, on convictior there- 
of, forfeit its charter and all rights, privileges, and immunities there- 
under ; and if chartered by another State, and doing business in this 
State, whether by license or upon mere sufferance, such corporation, 
upon conviction of either of the offenses aforesaid, shall forfeit all 
right to carry on any business in this State : and it shall be the duty 
of' the General Assembly to provide for the enforcement of the pro- 
visions of this section. All persons shall be excluded from office who 
have been, or shall hereafter be, convicted of a felony, or of such high 
misdemeanor as may be prescribed by law ; but such disability may 
be removed by pardon of the governor. The privilege of free suf- 
frage shall be supported by laws regulating elections, and prohibiting, 
under adequate penalties, all undue influence thereon, from power, 
bribery, tumult, or other improper practices. 

Sec. 151. The General Assembly shall provide suitable means for 
depriving of office any person who, to procure his nomination or elec- 
tion, has, in his canvass or election, been guilty of any unlawful use 
of money, or other thing of value, or has been guilty of fraud, intimi- 
dation, bribery, or any other corrupt practice ; and he shall be held 
responsible for acts done by others with his authority, 'or ratified by 
him. 

Sec. 152. Except as otherwise provided in this Constitution, vacan- 
cies in all elective offices shall be filled by election or appointment, as 
follows : if fhe unexpired term will end at the next succeeding 
annual election at which either city, town, county, district, or State 
officers are to be elected, the office shall be filled by appointment for 
the remainder of the term , if the unexpired term will not end at the 
next succeeding annual election at which either citv, town, county, 
district, or State officers are to be elected, and if three months inter- 
vene before said succeeding annual election at which either city, town, 
county, district, or State officers are to be elected, the office shall be 
filled by appointment until said election, and then said vacancy shall 
be filled by election for the remainder of the term ; if three months 
do not intervene between the happening of said vacancy and the next 
succeeding election at which city, town, county, district, or State 
officers are to be elected, the office shall be filled by appointment 
until the second succeeding annual election at which city, town, 
county, district, or State officers are to be elected ; and then, if any 
part of the terra remains unexpired, the office shall be filled by elec- 
tion until the regular time for the election of officers to fill said offices. 
Vacancies in all offices for the State at large, or for districts larger 
than a county, shall be filled by appointment of the governor : all 
other appointments shall be made as may be prescribed by law. No 
person shall ever be appointed a member of the General Assembly, 
but vacancies therein may be filled at a special election, in such man 
ner as may be provided by law. 



264 CONSTITUTION OF KENT UCKY. 

Sec. 153. Except as otherwise herein expressly provided, the Gen- 
eral Assembly shall have power to provide by general law for the 
manner of voting, for ascertaining the result of elections and making 
due returns thereof, for issuing certificates or commissions to all per- 
sons entitled thereto, and for the trial of contested elections. 

Sec. 154. The General Assembly shall prescribe such laws as may 
be necessary for the restriction or prohibition of the sale or gift of 
spirituous, vinous, or malt liquors on election days. 

Sec. 155. The provisions of sections one hundred and forty-five to 
one hundred and fifty-four, inclusive, shall not apply to the election 
of school trustees and other common school district elections. Said 
elections shall be regulated by the General Assembly, except as other- 
wise provided in this Constitution. 

Municipalities. 

Sec. 156. The cities and towns of this Commonwealth, for the 
purposes of their organization and government, shall be divided into 
six classes. The organization and powers of each class shall be 
defined and provided for by general laws, so that all municipal cor- 
porations of the same class shall possess the same powers, and be 
subject to the same restrictions. To the first class shall belong cities 
with a population of one hundred thousand or more ; to the second 
class, cities with a population of twenty thousand or more, and less 
than one hundred thousand ; to the third class, cities with a popula- 
tion of eight thousand or more, and less than twenty thousand ; to 
the fourth class, cities and towns with a population of three thou- 
sand or more, and less than eight thousand ; to the fifth class, cities 
and towns with a population of one thousand or more, and less than 
three thousand ; *o the sixth class, towns with a population of less 
than one thousand. The General Assembly shall assign the cities 
and towns of the Commonwealth to the classes to which they respec- 
tively belong, and change assignments made as the population of 
said cities and towns may increase or decrease, and, in the absence of 
other satisfactory information as to their population, shall be gov- 
erned by the last preceding Federal census in so doing ; but no city 
or town shall be transferred from one class to another, except in pur- 
suance of a law previously enacted and providing therefor. The 
General Assembly, by a general law, shall provide how towns may be 
organized, and enact laws for the government of such towns until the 
same are assigned to one or the other of the classes above named ; 
but such assignment shall be made at the first session of the General 
Assembly after the organization of said town or city. 

Sec. 157. The tax rate of cities, towns, counties, taxing districts, 
and other municipalities, for other than school purposes, shall not at 
any time exceed the following rates upon the value of the taxable 
property therein : viz., for all towns or cities having a population of 
fifteen thousand or more, one dollar and fifty cents on the hundred 
dollars ; for all towns or cities having less than fifteen thousand and 
not less than ten thousand, one dollar on the hundred dollars ; for all 



CONSTITUTION OF KENTUCKY. 265 

towns or cities having less than ten thousand, seventy-five cents on 
the hundred dollars ; and for counties and taxing districts, fifty cents 
on the hundred dollars ; unless it should be necessary to enable such 
city, town, county, or taxing district to pay the interest on, and pro- 
vide a sinking fund for the extinction of, indebtedness contracted 
before the adoption of this Constitution. No county, city, town, tax- 
ing district, or other municipality shall be authorized or permitted to 
become indebted, in any manner or for any purpose, to an amount 
exceeding, in any year, the income and revenue provided for such 
year, without the assent of two-thirds of the voters thereof, voting at 
an election to be held for that purpose ; and any indebtedness con- 
tracted in violation of this section shall be void. Nor shall such con 
tract be enforceable by the person with whom made ; nor shall such 
municipality ever be authorized to assume the same. 

Sec. 158. The respective cities, towns, counties, taxing districts, 
and municipalities shall not be authorized or permitted to incur in- 
debtedness to an amount, including existing indebtedness, in the 
aggregate exceeding the following-named maximum percentages on 
the value of the taxable property therein, to be estimated by the as- 
sessment next before the last assessment previous to the incurring of 
the indebtedness: viz., cities of the first and second classes, and of 
the third class having a population exceeding fifteen thousand, ten per 
centum ; cities of the third class having a population of less than fifteen 
thousand, and cities and towns of the fourth class, five per centum ; 
cities and towns of the fifth and sixth classes, three per centum ; and 
counties, taxing districts, and other municipalities, two per centum : 
provided any city, town, county, taxing district, or other municipality 
may contract an indebtedness in excess of such limitations, when the 
same has been authorized under laws in force prior to the adoption of 
this Constitution, or when necessary for the completion of and pay- 
ment for a public improvement undertaken and not completed and 
paid for at the time of the adoption of this Constitution ; and provided, 
further, if, at the time of the adoption of this Constitution, the 
aggregate indebtedness, bonded or floating, of any city, town, county, 
taxing district, or other municipality, including that which it has been 
or may be authorized to contract as herein provided, shall exceed the 
limit herein prescribed, then no such city or town shall be authorized 
or permitted to increase its indebtedness in an amount exceeding two 
per centum, and no such county, taxing district, or other municipality, 
in an amount exceeding one per centum, in the aggregate upon the 
value of the taxable property therein, to be ascertained as herein pro- 
vided, until the aggregate of its indebtedness shall have been reduced 
below the limit herein fixed ; and thereafter it shall not exceed the 
limit, unless in case of emergency the public health or safety should 
so require. Nothing herein shall prevent the issue of renewal bonds, 
or bonds to fund the floating indebtedness of any city, town, county, 
taxing district, or other municipality. 

Skc. 159. Whenever any county, city, town, taxing district, or other 
municipality is authorized to contract an indebtedness, it shall be re- 
quired at the same time to provide for the collection of an annual tax 



266 CONSTITUTION OF KENTUCKY. 

sufficient to pay the interest on said indebtedness, and to create a 
sinking fund for the payment of the principal thereof, within not 
more than forty years from the time of contracting the same. 

Sec. 160. The mayor or chief executive, police judges, members of 
legislative boards or councils of towns and cities, shall be elected by 
the qualified voters thereof : pi'ovided the mayor or chief executive 
and police judges of the towns of the fourth, fifth, and sixth classes 
may be appointed or elected as provided by law. The terms of office 
of mayors or chief executives and police judges shall be four years, and 
until their successors shall be qualified ; and of members of legisla- 
tive boards, two years. When any citv of the first or second clnss is 
divided into wards or districts, members of legislative boards shall be 
elected at large by the qualified voters of said city, but so selected 
that an equal proportion thereof shall reside in each of the said wards 
or districts ; but when in any city of the first, second, or third class, 
there are two legislative boards, the less numerous shall be selected 
from and elected by the voters at large of said city ; but other officers 
of towns or cities shall be elected by the qualified voters therein, or 
appointed by the local authorities thereof, as the General Assembly 
may, by a general law, provide ; but when elected by the voters of a 
town or city, their terms of office shall be four years, and until their 
successors shall be qualified. No mayor or chief executive or fiscal 
officer of any city of the first or second class, after the expiration of 
the term of office to which he has been elected under this Constitution, 
shall be eligible for the succeeding term. "Fiscal officer" shall not 
include an auditor or assessor, or any other officer whose chief duty is 
not the collection or holding of public moneys. The General Assem- 
bly shall prescribe the qualifications of all officers of towns and cities, 
the manner in and causes for which they may be removed from office, 
and how vacancies in such offices may be filled. 

Sec. 161. The compensation of any city, county, town, or munici- 
pal officer shall not be changed after his election or appointment, or 
during his term of office ; nor shall the term of any such officer be 
extended beyond the period for which he may have been elected or 
appointed. 

Sec. 162. No county, city, town, or other municipality shall ever 
be authorized or permitted to pay any claim created against it, under 
any agreement or contract made without express authority of law, 
and all such unauthorized agreements or contracts shall be null and 
void. 

Sec. 163. No street railway, gas, water, steam-heating, telephone, 
or electric-light company, within a city or town, shall be permitted 
or authorized to construct its tracks, lay its pipes or mains, or erect 
its poles, posts, or other apparatus along, over, under, or across the 
streets, alleys, or public grounds of a city or town, without the con- 
sent of the proper legislative bodies or boards of such city or town 
being first obtained ; but when charters have been heretofore granted 
conferring such rights, and work has in good faith been begun there- 
under, the provisions of this section shall not apply. 

Sec. 164. No county, city, town, taxing district, or other munici- 



CONSTITUTION OF KENTUCKY. 267 

pality shall be authorized or permitted to grant any franchise or privi- 
lege, or make any contract in reference thereto, for a term exceeding 
twenty years. Before granting such franchise or privilege for a term 
of years, such municipality shall first, after due advertisement, re- 
ceive bids therefor publicly, and award the same to the highest and 
best bidder ; but it shall have the right to reject any or all bids. 
This section shall not apply to a trunk railway. 

Sec. 165. No person shall at the same time be a State officer or 
a deputy officer, or member of the General Assembly, and an officer 
of any county, city, town, or other municipality, or an employee 
thereof; and no person shall at the same time fill two municipal offices, 
either in the same or different municipalities, except as may be other- 
wise provided in this Constitution; but a notary public, or an officer of 
the militia, shall not be ineligible to hold any other office mentioned 
in this section. 

Sec. 166. All acts of incorporation of cities and towns heretofore 
granted, and all amendments thereto, except as provided in section 
one hundred and sixty-seven, shall continue in force under this Con- 
stitution ; and all city and police courts established in any city or 
town shall remain, with their present powers and jurisdictions, until 
such time as the General Assembly shall provide by general laws for 
the government of towns and cities, and the officers and courts there- 
of, but not longer than four years from and after the first day of 
January, one thousand eight hundred and ninety-one, within which 
time the General Assembly shall provide by general laws for the gov- 
ernment of towns and cities, and the officers and courts thereof, as 
provided in this Constitution. 

Sec. 167. All city and town officers in this State shall be elected 
or appointed as provided in the charter of each respective town and 
city, until the general election in November, 1893, and until their 
successors shall be elected and qualified, at which time the terms of 
all such officers shall expire ; and at that election, and thereafter as 
their terms of office may expire, all officers required to be elected in 
cities and towns by this Constitution, or by general laws enacted 
in conformity to its provisions, shall be elected at the general elec- 
tions in November, but only in the odd years, except members of 
municipal legislative boards, who may be elected either in the even 
or odd years, or part in the even and part in the odd years : provided 
that the terms 'of office of police judges who were elected for four 
years at the August election, eighteen hundred and ninety, shall 
expire August thirty-first, eighteen hundred and ninety-four, and the 
terms of police judges elected in November, eighteen hundred and 
ninety-three, shall begin September first, eighteen hundred and 
ninety-four, and continue until the November election, eighteen 
hundred and ninety-seven, and until their successors are elected and 
qualified. 

Sec. 16S. No municipal ordinance shall fix a penalty for a violation 
thereof at less than that imposed by statute for the same offense. A 
conviction or acquittal under either shall constitute a bar to another 
prosecution for the same offense. % 



268 CONSTITUTION OF KENTUCKY. 



Revenue and Taxation. 

Sec. 169. The fiscal year shall commence on the first day of July 
in each year, unless otherwise provided by law. 

Sec. 170. There shall be exempt from taxation public property used 
for public purposes ; places actually used for religious worship, with 
the grounds attached thereto and used, and appurtenant to the house 
of worship, not exceeding one-half acre in cities or towns, and not 
exceeding two acres in the country ; places of burial not held for 
private or corporate profit, institutions of purely public charity, and 
institutions of education not used or employed for gain by any per- 
son or corporation, and the income of which is devoted solely to the 
cause of education ; public libraries, their endowments, and the in- 
come of such property as is used exclusively for their maintenance ; 
all parsonages or residences owned by any religious society, and occu- 
pied as a home, and for no other purpose, by the minister of any 
religion, with not exceeding one-hall acre of ground in towns and 
cities, and two acres of ground in the country, appurtenant thereto ; 
household goods and otner personal property of a person with a fam- 
ily, not exceeding two hundred and fifty dollars in value ; crops grown 
in the year in which the assessment is made, and in the hands of the 
producer ; and all laws exempting or commuting property from taxa- 
tion other than the property above mentioned shall be void. The 
General Assembly may authorize any incorporated city or town to 
exempt manufacturing establishments from municipal taxation, 
for a period not exceeding five years, as an inducement to their 
location. 

Sec. 171. The General Assembly shall provide by law an annual 
tax, which, with other resources, shall be sufficient to defray the esti- 
mated expenses of the Commonwealth for each fiscal year. Taxes 
shall be levied and collected for public purposes only. They shall 
be uniform upon all property subject to taxation within the territorial 
limits of the authority levying the tax ; and all taxes shall be levied 
and collected by general laws. 

Sec. 172. All property not exempted from taxation by this 
Constitution shall be assessed for taxation at its fair cash value, 
estimated at the price it would bring at a fair voluntary sale ; and 
any officer, or other person authorized to assess values for taxation, 
who shall commit any willful error in the performance of his duty, 
shall be deemed guilty of misfeasance, and upon conviction thereof 
shall forfeit his office, and be otherwise punished as may be provided 
by law. 

Sec. 173. The receiving, directly or indirectly, by any officer of 
the Commonwealth, or of any county, city, or town, or member or 
officer of the General Assembly, of any interest, profit, or perquisites 
arising from the use or loan of public funds in his hands, or moneys 
to be raised through his agency for State, city, town, district, or 
county purposes, shall be deemed a felony. Said offense shall be 
punished as may be prescribed by law, a part of which punishment 
shall be disqualification to hold office* 



CONSTITUTION OF KENTUCKY. 269 

Sec. 174. All property, whether owned by natural persons or 
corporations, shall be taxed in proportion to its value, unless ex- 
empted by this Constitution ; and all corporate property shall pay 
the same rate of taxation paid by individual property. Nothing in 
this Constitution shall be construed to prevent the General Assem- 
bly from providing for taxation based on income, licenses, or fran- 
chises. 

Sec. 175. The power to tax property shall not be surrendered or 
suspended by any contract or grant to which the Commonwealth 
shall be a party. 

Sec. 176. The Commonwealth shall not assume the debt of any 
county, municipal corporation, or political subdivision of the State, 
unless such debt shall have been contracted to defend itself in time 
of war, to repel invasion, or to suppress insurrection. 

Sec. 177. The credit of the Commonwealth shall not be given, 
pledged, or loaned to any individual, company, corporation, or asso- 
ciation, municipality, or political subdivision of the State, nor shall 
the Commonwealth become an owner or stockholder in, nor make 
donation to, any company, association, or corporation ; nor shall 
the Commonwealth construct a railroad or other highway. 

Sec. 178. All laws authorizing the borrowing of money by and on 
behalf of the Commonwealth, county, or other political subdivis- 
ion of the State, shall specify the purpose for which the money is 
to be used, and the money so borrowed shall be used for no other 
purpose. 

Sec. I7g. The General Assembly shall not authorize any county 
or subdivision thereof, city, town, or incorporated district, to become 
a stockholder in any company, association, or corporation, or to 
obtain or appropriate money for, or to loan its credit to, any corpo- 
ration, association, or individual, except for the purpose of construct- 
ing or maintaining bridges, turnpike roads, or gravel roads : provided, 
if any municipal corporation shall offer to the Commonwealth any 
property or money for locating or building a Capitol, and the Com- 
monwealth accepts such offer, the corporation may comply with the 
offer. 

Sec. 180. The General Assembly may authorize the counties, 
cities, or towns to levy a poll-tax not exceeding one dollar and fifty 
cents per head. Every act enacted by the General Assembly, and 
every ordinance and resolution passed by any county, city, town, or 
municipal board or local legislative body, levying a tax, shall specify 
distinctly the purpose for which said tax is levied ; and no tax 
levied and collected for one purpose shall ever be devoted to another 
purpose. 

Sec. 181. The General Assembly shall not impose taxes for the 
purposes of any county, city, town, or other municipal corporation, 
but may by general laws confer on the proper authorities thereof, 
respectively, the power to assess and collect such taxes. The Gen- 
eral Assembly may, by general laws only, provide- for the payment of 
license fees on franchises, stock used for breeding purposes, the vari- 
ous trades, occupations, and professions, or a special or excise tax. 



270 CONSTITUTION OF KENTUCKY. 

and may by general laws delegate the power to counties, towns, 
cities, and other municipal corporations, to impose and collect license 
fees on stock used for breeding purposes, on franchises, trades, occu- 
pations, and professions. (For amendment of 1902, see page 284.) 

Sec. 182. Nothing in this Constitution shall be construed to pre- 
vent the General Assembly from providing by law how railroads and 
railroad property shall be assessed, and how taxes thereon shall be 
collected ; and until otherwise provided, the present law on said 
subject shall remain in force. 

Education. 

Sec. 183. The General Assembly shall by appropriate legislation 
provide for an efficient system of common schools throughout the 
State. 

Sec. 184. The bond of the Commonwealth, issued in favor of the 
Board of Education for the sum of one million three hundred and 
twenty-seven thousand dollars, shall constitute one bond of the Com- 
monwealth in favor of the Board of Education ; and this bond and the 
seventy-three thousand five hundred dollars of the stock in the Bank of 
Kentucky, held by the Board of Education, and its proceeds, shall be 
held inviolate for the purpose of sustaining the system of common 
schools. The interest and dividends of said fund, together with any 
sum which may be produced by taxation or otherwise for purposes of 
common school education, shall be appropriated to the common schools, 
and to no other purpose. No sum shall be raised or collected for edu- 
cation other than in common schools until the question of taxation is 
submitted to the legal voters, and the majority of the votes cast at said 
election shall be in favor of such taxation : provided the tax now im- 
posed for educational purposes, and for the endowment and mainte- 
nance of the Agricultural and Mechanical College, shall remain until 
changed by law. 

Sec. 185. The General Assembly shall make provision by law for 
the payment of the interest of said school fund, and may provide for 
the sale of the stock in the Bank of Kentucky ; and in case of a sale 
of all or any part of said stock, the proceeds of sale shall be in- 
vested by the sinking-fund commissioners in other good interest-bear- 
ing stocks or bonds, which shall be subject to sale and reinvestment 
from time to time, in like manner and with the same restrictions as 
provided with reference to the sale of the said stock in the Bank of 
Kentucky. * 

Sec. 186. Each county in the Commonwealth shall be entitled to 
its proportion of the school fund on its census of pupil children for 
each school year ; and if the pro rata share of any school district be 
not called for after the second school year, it shall be covered into the 
treasury, and be placed to the credit of the school fund for general 
apportionment the following school year. The surplus now due the 
several counties shall remain a perpetual obligation against the Com- 
monwealth for the benefit of said respective counties, for which the 
Commonwealth shall execute its bond, bearing interest at the rate of 



CONSTITUTION OF KENTUCKY. 271 

six per centum per annum, payable annually to the counties respec- 
tively entitled to the same, and in the proportion to which they are 
entitled, to be used exclusively in aid of common schools. 

Sec. 187. In distributing the school fund, no distinction shall be 
made on account of race or color, and separate schools for white and 
colored children shall be maintained. 

Sec. 188. So much of any moneys as may be received by the Com- 
monwealth from the United States under the recent act of Congress 
refunding the direct tax shall become a part of the school fund, and 
be held as provided in section one hundred and eighty-four ; but the 
General Assembly may authorize the use, by the Commonwealth, of 
the moneys so received, or any part thereof, in which event a bond 
shall be executed to the Board of Education for the amount so used, 
which bond shall be held on the same terms and conditions, and sub- 
ject to the provisions of section one hundred and eighty-four, con- 
cerning the bond therein referred to. 

Sec. 189. No portion of any fund or tax now existing, or that may 
hereafter be raised or levied, for educational purposes, shall be appro- 
priated to, or used by, or in aid of, any church, sectarian, or denom- 
inational school. 

Corporations. 

Sec. 190. No corporation in existence at the time of the adoption 
of this Constitution shall have the benefit of future legislation with- 
out first filing in the office of the secretary of state an acceptance of 
the provisions of this Constitution. 

Sec. 191. All existing charters or grants of special or exclusive 
privileges, under which a bona fide organization shall not have taken 
place, and business been commenced in good faith at the time of 
the adoption of this Constitution, shall thereafter be void and of no 
effect. 

Sec. 192. No corporation shall engage in business other than that 
expressly authorized by its charter, or the law under which it may have 
been or hereafter may be organized, nor shall it hold any real estate, 
except such as may be proper and necessary for carrying on its legiti 
mate business, for a longer period than five years, under penalty of 
escheat. 

Sec. 193. No corporation shall issue stock or bonds except for an 
equivalent in money paid or labor done, or property actually received 
and applied to the purposes for which such corporation was created ; 
and neither labor nor property shall be received in payment of stock 
or bonds at a greater value than the market price at the time said 
labor was done or property delivered ; and all fictitious increase of 
stock or indebtedness shall be void. 

Sec. 194. All corporations formed under the laws of this State, or 
carrying on business, in this State, shall at all times have one or more 
known places of business in this State, and an authorized agent or 
agents there, upon whom process may be executed ; and the Genera] 
Assembly shall enact laws to carry into effect the provisions of this 
section. 



272 CONSTITUTION OF KENTUCKY. 

Sec. 195. The Commonwealth, in the exercise of the right of emi- 
nent domain, shall have and retain the same powers to take the prop- 
erty and franchises of incorporated companies for public use which 
it has and retains to take the property of individuals ; and the ex- 
ercise of the police powers of this Commonwealth shall never be 
abridged, nor so construed as to permit corporations to conduct 
their business in such manner as to infringe upon the equal rights of 
individuals. 

Sec. 196. Transportation of freight and passengers by railroad, 
steamboat, or other common carrier, shall be so regulated by general 
law as to prevent unjust discrimination. No common carrier shall be 
permitted to contract for relief from its common law liability. 

Sec. 197. No railroad, steamboat, or other common carrier, under 
heavy penalty to be fixed by the General Assembly, shall give a free 
pass or passes, or shall, at reduced rates not common to the public, 
sell tickets for transportation to any State, district, city, town, or 
county officer, or member of the General Assembly, or judge ; and 
any State, district, city, town, or county officer, or member of the 
General Assembly, or judge, who shall accept or use a free pass or 
passes, or shall receive or use tickets or transportation at reduced 
rates not common to the public, shall forfeit his office. It shall be 
the duty of the General Assembly to enact laws to enforce the pro- 
visions of this section. 

Sec. 198. It shall be the duty of the General Assembly from time 
vO time, as necessity may require, to enact such laws as may be nec- 
essary to prevent all trusts, pools, combinations, or other organiza- 
tions, from combining to depreciate below its real value any article, 
Or to enhance the cost of any article above its real value. 

Sec. 199. Any association or corporation, or the lessees or managers 
thereof, organized for the purpose, or any individual, shall have the 
right to construct and maintain lines of telegraph within this State, 
and to connect the same with other lines ; and said companies shall 
receive and transmit each other's messages without unreasonable delay 
or discrimination, and all such companies are hereby declared to be 
common carriers, and subject to legislative control. Telephone com- 
panies operating exchanges in different towns or cities, or other pub- 
lic stations, shall receive and transmit each other's messages without 
unreasonable delay or discrimination. The General Assembly shall, 
by general laws of uniform operation, provide reasonable regulations 
to give full effect to this section. Nothing herein shall be construed 
to interfere with the rights of cities or towns to arrange and control 
their streets and alleys, and to designate the places at which, and the 
manner in which, the wires of such companies shall be erected or laid 
within the limits of such city or town. 

Sec. 200. If any railroad, telegraph, express, or other corporation 
organized under the laws of this Commonwealth shall consolidate, by 
sale or otherwise, with any railroad, telegraph, express, or other cor- 
poration organized under the laws of any other State, the same shall 
not thereby become a foreign corporation ; but the courts of this 
Commonwealth shall retain jurisdiction over that part of the corporate 



CONSTITUTION OF KENTUCKY. 273 

property within the limits of this State in all matters which may arise, 
as if said consolidation had not taken place. 

Sec. 201. No railroad, telegraph, telephone, bridge, or common 
carrier company shall consolidate its capital stock, franchises, or prop- 
erty, or pool its earnings, in whole or in part, with any other railroad, 
telegraph, telephone, bridge, or common carrier company, owning a 
parallel or competing line or structure, or acquire by purchase, lease, 
or otherwise, any parallel or competing line or structure, or operate 
the same ; nor shall any railroad company or other common carrier 
combine or make any contract with the owners of any vessel that 
leaves or makes port in this State, or with any common carrier, by 
which combination or contract the earnings of one doing the carrying 
are to be shared by the other not doing the carrying. 

Sec. 202. No corporation organized outside the limits of this State 
shall be allowed to transact business within the State on more favor- 
able conditions than are prescribed by law to similar corporations 
organized under the laws of this Commonwealth. 

Sec. 203. No corporation shall lease or alienate any franchise so as 
to relieve the franchise or property held thereunder from the liabilities 
of the lessor or grantor, lessee or grantee, contracted or incurred in 
the operation, use, or enjoyment of such franchise, or any of its. privi- 
leges. 

Sec. 204. Any president, director, manager, cashier, or other officer 
of any banking institution or association for the deposit or loan of 
money, or any individual banker, who shall receive or assent to the 
receiving of deposits after he shall have knowledge of the fact that 
such banking institution or association or individual banker is insol- 
vent, shall be individually responsible for such deposits so received, 
and shall be guilty of felony, and subject to such punishment as shall 
be prescribed by law. 

Sec. 205. The General Assembly shall by general laws provide for 
the revocation or forfeiture of the charters of all corporations guilty of 
abuse or misuse of their corporate powers, privileges, or franchises, or 
whenever said corporations become detrimental to the interest and 
welfare of the Commonwealth or its citizens. 

Sec. 206. All elevators or storehouses where grain or other property 
is stored for a compensation, whether the property stored be kept 
separate or not, are declared to be public warehouses, subject to legis- 
lative control ; and the General Assembly shall enact laws for the 
inspection of grain, tobacco, and other produce, and for the protec- 
tion of producers, shippers, and receivers of grain, tobacco, and other 
produce. 

Sec. 207. In all elections for directors or managers of any corpora- 
tion, each shareholder shall have the right to cast as many votes in 
the aggregate as he shall be entitled to vote in said company under its 
charter, multiplied by the number of directors or managers to be 
elected at such election ; and each shareholder may cast the whole 
number of votes, either in person or by proxy, for one candidate, or 
distribute such votes among two or more candidates ; and such direct- 
ors or managers shall not be elected in any other manner. 
18 



274 CONSTITUTION OF KENTUCKY. 

Sec. 208. The word "corporation" as used in this Constitution 
shaft embrace joint-stock companies and associations. 

Railroads and Commerce. 

Sec. 209. A commission is hereby established, to be known as 
* The Railroad Commission," which shall be composed of three com- 
missioners. During the session of the General Assembly which con* 
venes in December, eighteen hundred and ninety-one, and before the 
first day of June, eighteen hundred and ninety-two, the governor 
shall appoint, by and with the advice and consent of Jhe Senate, said 
three commissioners, one from each superior court district as now estab- 
lished ; and said appointees shall take their office at the expiration 
of the terms of the present incumbents. The commissioners so 
appointed shall continue in office during the term of the present 
governor, and until their successors are elected and qualified. At the 
regular election in eighteen hundred and ninety-five, and every four 
years thereafter, the commissioners shall be elected, one in each 
superior court district, by the qualified voters thereof, at the same 
time and for the same term as the governor. No person shall be 
eligible to said office unless he be, at the time of his election, at least 
thirty years of age, a citizen of Kentucky two years, and a resident 
of the district from which he is chosen one year, next preceding his 
election. Any vacancy in this office shall be filled as provided in 
section one hundred and fifty-two of this Constitution. The General 
Assembly may from time to time change said districts so as to equalize 
the population thereof, and may, if deemed expedient, require that 
the commissioners be all elected \yy the qualified voters of the State at 
large ; and if so required, one commissioner shall be from each dis- 
trict. No person in the service of any railroad or common carrier 
company or corporation, or of any firm or association conducting 
business as a common carrier, or in any wise pecuniarily interested in 
such company, corporation, firm, or association, or in the railroad , 
business, or as a common carrier, shall hold such office. The powers 
and duties of the railroad commissioners shall be regulated by law ; 
and, until otherwise provided by law, the commission so created shall 
have the same powers and jurisdiction, perform the same duties, be 
subject to tne same regulations, and receive the same compensation, 
as now conferred, prescribed, and allowed by law to the existing rail- 
road commissioners. The General Assembly may, for cause, addres^ 
any of said commissioners out of office by similar proceedings as in 
the case of judges of the Court of Appeals ; and the General Assem- 
bly shall enact laws to prevent the nonfeasance and misfeasance in 
office of said commissioners, and to impose proper penalties therefor. 

Sec. 210. No corporation engaged in the business of common 
carrier shall, directly or indirectly, own, manage, operate, or engage in, 
any other business than that of a common carrier, or hold, own, lease, 
or acquire, directly or indirectly, mines, factories, or timber, except 
such as shall be necessary to carry on its business ; and the General 



CONSTITUTION OF KENTUCKY 275 

Assembly shall enact laws to give effect to the provisions of this 
section. 

Sec. 211, No railroad corporation organized under the laws of 
any other State, or of the United States, and doing business, or pro- 
posing to do business, in this State, shall be entitled to the benefit of 
the right of eminent domain, or have power to acquire the right of 
way or real estate for depot or other uses, until it shall have become a 
body corporate pursuant to and in accordance with the laws of this 
Commonwealth. 

Sec. 212. The rolling stock and other movable property belonging 
to any railroad corporation or company in this State shall be considered 
personal property, and shall be liable to execution and sale in the 
same manner as the personal property of individuals. The earnings 
of any railroad company or corporation, and choses in action, money 
and personal property of all kinds belonging to it, in the hands 01 
under the control of any officer, agent, or employee of such corpora - 
tion or company, shall be subject to process of attachment to the 
same extent, and in the same manner, as like property of individuals 
when in the hands or under the control of other persons. Any such 
earnings, choses in action, money or other personal property, may be 
subjected to the payment of any judgment against such corporation or 
company in the same manner and to the same extent as such property 
of individuals in the hands of third persons. 

Sec. 213. All railroad, transfer, belt lines, and railway bridge com- 
panies, organized under the laws of Kentucky, or operating, maintain- 
ing, or controlling any railroad, transfer, belt lines, or bridges, or 
doing a railway business in this State, shall receive, transfer, deliver, 
and switch empty or loaded cars, and shall move, transport, receive, 
load, or unload all the freight in car-loads or less quantities, coming 
to or going .from any railroad, transfer, belt line, bridge, or siding 
thereon, with equal promptness and dispatch, and without any dis- 
crimination as to charges, preference, drawback, or rebate in favor of 
any person, corporation, consignee, or consignor, in any matter as to 
payment, transportation, handling, or delivery ; and shall so receive, 
deliver, transfer, and transport all freight as above set forth, from 
and to any point where there is a physical connection between the 
tracks of said companies. But this section shall not be construed as 
requiring any such common carrier to allow the use of its tracks for 
the trains of another engaged in like business. 

Sec. 214. No railway, transfer, belt line, or railway bridge com- 
pany shall make any exclusive or preferential contract or arrangement 
with any individual, association, or corporation, for the receipt, trans- 
fer, delivery, transportation, handling, care, or custody of any freight, 
or for the conduct of any business as a common carrier. 

SEC. 215. All railway, transfer, belt lines, or railway bridge com- 
panies shall receive, load, unload, transport, haul, deliver, and handle 
freight of the same class for all persons, associations, or corporations 
from and to the same points and upon the same conditions, in the 
same manner and for the same charges, and for the same method 
of payment. 



2JG CONSTITUTION OF KENTUCKY. 

Sec. 216. All railway, transfer, belt lines, and railway bridge com- 
panies shall allow the tracks of each other to unite, intersect, and 
cross at any point where such union, intersection, and crossing is 
reasonable or feasible. 

Sec. 217. Any person, association, or corporation, willfully or 
knowingly violating any of the provisions of sections two hundred 
and thirteen, two hundred and fourteen, two hundred and fifteen, or two 
hundred and sixteen, shall, upon conviction by a court of competent 
jurisdiction, for the first offense be fined two thousand dollars ; for the 
second offense, five thousand dollars ; and for the third offense, shall 
thereupon, ipso facto, forfeit its franchises, privileges, or charter 
rights ; and if such delinquent be a foreign corporation, it shall, ipso 
facto, forfeit its right to do business in this State ; and the attorney- 
general of the Commonwealth shall forthwith, upon notice of the 
violation of any of said provisions, institute proceedings to enforce 
the provisions of the aforesaid sections. 

Sec. 21S. It shall be unlawful for any person or corporation own- 
ing or operating a railroad in this State, or any common carrier, to 
charge or receive any greater compensation in the aggregate for the 
transportation of passengers, or of property of like kind, under sub- 
stantially similar circumstances and conditions, for a shorter than for 
a longer distance over the same line, in the same direction, the shorter 
being included within the longer distance ; but this shall not be con- 
strued as authorizing any common carrier, or person or corporation, 
owning or operating a railroad in this State, to receive as great com- 
pensation for a shorter as for a longer distance : provided, that, upon 
application to the railroad commission, such common carrier, or person, 
or corporation owning or operating a railroad in this State, may in 
special cases, after investigation by the commission, be authorized to 
charge less for longer than for shorter distances for the transportation 
of passengers or property ; and the commission may from time to 
time prescribe the extent to which such common carrier or person, or 
corporation owning or operating a railroad in this State, may be 
relieved from the operations of this section. 

The Militia. 

Sec. 219. The militia of the Commonwealth of Kentucky shall 
consist of all able-bodied male residents of the State between the ages of 
eighteen and forty- five years, except such persons as may be exempted 
by the laws of the State or of the United States. 

Sec. 220. The General Assembly shall provide for maintaining an 
organized militia, and may exempt from military service persons 
having conscientious scruples against bearing arms ; but such persons 
shall pay an equivalent for such exemption. 

Sec. 221. The organization, equipment, and discipline of the militia 
shall conform as nearly as practicable to the regulations for the 
government of the armies of the United States. 

Sec. 222. All militia officers whose appointment is not herein 
otherwise provided for shall be elected by persons subject to military 



CONSTITUTION OF KENTUCKY. 277 

duty within their respective companies, battalions, regiment^ or other 
commands, under such rules and regulations, and for such terms, not 
exceeding- four years, as the General Assembly may from time to time 
direct and establish. The governor shall appoint an adjutant-general 
and his other staff officers; the generals and commandants of regiments 
and battalions shall respectively appoint their staff officers ; and the 
commandants of companies shall, subject to the approval of their 
regimental or battalion commanders, appoint their non-commissioned 
officers. The governor shall have power to fill vacancies that may 
occur in elective offices by granting commissions, which shall expire 
when such vacancies have been filled according to the provisions of 
this Constitution. 

Sec. 223. The General Assembly shall provide for the safe-keeping 
of the public arms, military records, relics, and banners of the Com' 
monwealth of Kentucky. 

General Provisions. 

Sec. 224. The General Assembly shall provide by a general law 
what officers shall execute bond for the faithful discharge of their 
duties, and fix the liability therein. 

Sec. 225. No armed person or bodies of men shall be brought into 
this State for the preservation of the peace or the suppression of do- 
mestic violence, except upon the application of the General Assembly, 
or of the governor when the General Assembly may not be in session. 
Sec. 226. Lotteries and gift enterprises are forbidden, and no privi- 
leges shall be granted for such purposes, and none shall be exercised, and 
no schemes for similar purposes shall be allowed. The General Assem- 
bly shall enforce this section by proper penalties. All lottery privi- 
leges or charters heretofore granted are revoked. 

Sec. 227. Judges of the county court, justices of the peace, sheriffs, 
coroners, surveyors, jailers, assessors, county attorneys, and constables 
shall be subject to indictment or prosecution for misfeasance or malfea- 
sance in office, or willful neglect in discharge of official duties, in such 
mode as may be prescribed by law ; and upon conviction, his office shall 
become vacant, but such officer shall have the right of appeal to 
the Court of Appeals. 

Sec. 228. Members of the General Assembly and all officers, before 
they enter upon the execution of the duties of their respective offices, 
and all members of the bar before they enter upon the practice of their 
profession, shall take the following oath or affirmation : " I do solemnly 
swear (or affirm, as the case may be) that I will support the Constitu- 
tion of the United States and the Constitution of this Commonwealth, 
and be faithful and true to the Commonwealth of Kentucky so long as 1 
continue a citizen thereof, and that I will faithfully execute, to the best 
of my ability, the office of according to law; and I do further sol- 
emnly swear (or affirm) that since the adoption of the present Constitu- 
tion, I, being a citizen of this State, have not fought a duel with deadly 
weapons within this State nor out of it, nor have I sent or accepted a 
challenge to fight a duel with deadly weapons, nor have I acted as 



2<j8 CONSTITUTION OF KENTUCKY. 

second in carrying a challenge, nor aided or assisted any person thus 
offending, so help me God ! " 

Sec. 229. Treason against the Commonwealth shall consist only in 
levying war against it, or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason except on the 
testimony of two witnesses to the same overt act, or his own confession 
in open court. 

Sec. 230. No money shall be drawn from the State treasury, except 
in pursuance of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money shall 
be published annually. 

Sec. 231. The General Assembly may by law direct in what manner 
and in what courts suits may be brought against the Commonwealth. 

Sec. 232. The manner of administering an oath or affirmation shall 
be such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the General Assemblv the most solemn appeal to 
God. 

Sec. 233. All laws which, on the first day of June, one thousand 
seven hundred and ninety- two, were in force in the State of Virginia, 
and which are of a general nature and not local to that State, and not 
repugnant to this Constitution, nor to the laws which have been enacted 
by the General Assembly of this Commonwealth, shall be in force 
within this State until they shall be altered or repealed by the General 
Assembly. 

Sec. 234. All civil officers for the State at large shall reside within 
the State, and all district, county, city, or town officers shall reside 
within their respective districts, counties, cities, or towns, and shall 
keep their offices at such places therein as may be required by law. 

Sec. 235. The salaries of public officers shall not be changed 
during the terms for which they were elected ; but it shall be the 
duty of the General Assembly to regulate, by a general law, in what 
cases and what deductions shall be made for neglect of official duties. 
This section shall apply to members of the General Assembly also. 

Sec. 236. The General Assembly shall by law prescribe the time 
when the several officers authorized or directed by this Constitution 
to be elected or appointed shall enter upon the duties of their 
respective offices, except where the time is fixed by this Constitution. 

Sec. 237. No member of Congress, or person holding or exercising 
an office of trust or profit under the United States, or any of them, 
or under any foreign power, shall be eligible to hold or exercise any 
office of trust or profit under this Constitution, or the laws made in 
pursuance thereof. 

Sec. 238. The General Assembly shall direct by law how persons 
who now are, or may hereafter become, sureties for public officers, 
may be relieved of or discharged from suretyship. 

Sec. 239. Any person who shall, after the adoption of this Consti- 
tution, either directly or indirectly, give, accept, or knowingly carry. 
a challenge to any person or persons to fight in single combat, with a 
citizen of this State, with a deadly weapon, either in or out of the 
State, shall be deprived of the right to hold any office of honor or 



CONSTITUTION OF KENTUCKY. 279 

profit in this Commonwealth ; and if said acts, or any of them, be 
committed within this State, the person or persons so committing 
them shall be further punished in such manner as the General Assem- 
bly may prescribe by law. 

Sec. 240. The governor shall have power, after live years from the 
time of the offense, to pardon any persgn who shall have participated 
in a, duel as principal, second, or otherwise, and to restore him to all 
the rights, privileges, and immunities to which he was entitled before 
such participation. Upon presentation of such pardon, the oath 
prescribed in section two hundred and twenty-eight shall be varied to 
suit the case. 

Sec. 241. Whenever the death of a person shall result from an 
injur}* inflicted by negligence or wrongful act, then, in every such 
case, damages may be recovered for such death, from the corpora- 
tions and persons so causing the same. Until otherwise provided by 
law, the action to recover such damages shall in all cases be prosecuted 
by the personal representative of the deceased person. The General 
Assembly may provide how the recovery shall go, and to whom 
belong ; and, until such provision is made, the same shall form part 
of the personal estate of the deceased person. 

Sec. 242. Municipal and other corporations, and individuals in- 
vested with the privilege of taking private property for public use, 
shall make just compensation for property taken, injured, or destroyed 
by them ; which compensation shall be paid before such taking, or 
paid or secured, at the election of such corporation or individual, 
before such injur}* or destruction. The General Assembly shall not 
deprive any person of an appeal from any preliminary assessment of 
damages against any such corporation or individual made by commis- 
sioners or otherwise ; and, upon appeal from such preliminary assess- 
ment, the amount of such damages shall in all cases be determined by 
a jury, according to the course of the common law. 

Sec. 243. The General Assembly shall by law fix the minimum 
ages at which children may be employed in places dangerous to life or 
health, or injurious to morals, and shall provide adequate penalties for 
violations of such law. 

Sec. 244. All wage-earners in this State employed in factories, 
mines, workshops, or by corporations, shall be paid for their labor in 
lawful money. The General Assembly shall prescribe adequate pen- 
alties for violations of this section. 

Sec. 245. Upon the promulgation of this Constitution, the governor 
shall appoint three persons, learned in the law, who shall be commis- 
sioners to revise the statute laws of this Commonwealth, and prepare 
amendments thereto, to the end that the statute laws shall conform to 
and effectuate this Constitution. Such revision and amendments shall 
be laid before the next General Assembly for adoption or rejection, 
in whole or in part. The said commissioners shall be allowed ten 
dollars each per day for their services, and also necessary stationery 
for the time during which they are actually employed ; and upon their 
certificate the auditor shall draw his warrant upon the treasurer. 
They shall have the power to employ clerical assistants, at a eompen- 



280 CONSTITUTION OF KENTUCKY. 

sation not exceeding ten dollars per day in the aggregate. If the com- 
missioners, or any of them, shall refuse to act, or a vacancy shall oc- 
cur the governor shall appoint another or others in his or their place. 

Sec. 246. No public officer, except the governor, shall receive more 
than five thousand dollars per annum as compensation for official ser- 
vices independent of the compensation of legally authorized deputies 
and assistants, which shall be fixed and provided for by law. _ .The 
General Assembly shall provide for the enforcement of this section by 
suitable penalties, one of which shall be forfeiture of office by any 
person violating its provisions. % 

Sec. 247. The printing and binding of the laws, journals, depart- 
ment reports, and all other public printing and binding, shall be per- 
formed under contract, to be given to the lowest responsible bidder < 
below such maximum and under such regulations as may be prescribed 
by law. No member of the General Assembly, or officer of the Com- 
monwealth, shall be in any way interested in any such contract ; and 
all such contracts shall be subject to the approval of the governor. 

Sec. 248. A grand jury shall consist of twelve persons, nine of 
whom, concurring, may find an indictment. In civil and misdemeanor 
cases, in courts inferior to the circuit courts, a jury shall consist of six 
persons. The General Assembly may provide, that, in any or all trials 
of civil actions in the circuit courts, three-fourths or more of the jurors 
concurring may return a verdict, which shall have the same force and 
effect as if rendered by the entire panel ; but where a verdict is ren- 
dered by a less number than the whole jury, it shall be signed by all 
the jurors who agree to it. 

Sec. 249. The House of Representatives of the General Assembly 
shall not elect, appoint, employ, or pay for, exceeding one chief 
clerk, one assistant clerk, one enrolling clerk, one sergeant-at-arms, 
one door-keeper, one janitor, two cloak-room keepers, and four pages ; 
and the Senate shall not elect, appoint, employ, or pay for, exceeding 
one chief clerk, one assistant clerk, one enrolling clerk, one sergeant- 
at-arms, one door-keeper, one janitor, one cloak-room keeper, and three 
pages ; and the General Assembly shall provide by general law for 
fixing the per diem or salary of all of said employees. 

Sec. 250. It shall be the duty of the General Assembly to enact 
such laws as shall be necessary and proper to decide differences by 
arbitrators, the arbitrators to be appointed by the parties who may 
choose that summary mode of adjustment. 

Sec. 251. No action shall be maintained for possession of any 
lands lying within this State, where it is necessary for the claimant to 
rely for his recovery on any grant or patent issued by the Common- 
wealth of Virginia, or by the Commonwealth of Kentucky prior to the 
year one thousand eight hundred and twenty, against any person 
claiming such lands by possession to a well-defined boundary, under a 
title of record, unless such action shall be instituted within five years 
after this Constitution shall go into effect, or within five years after the 
occupant may take possession ; but nothing herein shall be construed 
to affect any right, title, or interest in lands acquired by virtue of 
adverse possession under the laws of this Commonwealth. 



CONSTITUTION OF KENTUCKY. 281 

Sec. 252. It shall be the duty of the General Assembly to provide 
by law, as soon as practicable, for the establishment and maintenance 
of an institution or institutions for the detention, correction, instruc- 
tion, and reformation of all persons under the age of eighteen years, 
convicted of such felonies and such misdemeanors as may be desig- 
nated by law. Said institution shall be known as the " House of 
Reform." 

Sec. 253. Persons convicted of felony and sentenced to confinement 
in the penitentiary shall be confined at labor within the walls of the 
penitentiary ; and the General Assembly shall not have the power to 
authorize employment of convicts elsewhere, except upon the public 
works of the Commonwealth of Kentucky, or when, during pestilence 
or in case of the destruction of the prison buildings, they cannot be 
confined in the penitentiary. 

Sec. 254. The Commonwealth shall maintain control of the disci- 
pline, and provide for all supplies, and for the sanitary condition of 
the convicts, and the labor only of convicts may be leased. 

Sec. 255. The seat of government shall continue in the city of 
Frankfort, unless removed by a vote of two-thirds of each House of 
the first General Assembly which convenes after the adoption of this 
Constitution. 

Mode of Revision. 

Sec. 256. Amendments to this Constitution may be proposed in 
either House of the General Assembly at a regular session ; and if 
such amendment or amendments shall be agreed to by three-fifths of 
all the members elected to each House, such proposed amendment or 
amendments, with the yeas and nays of the members of each House 
taken thereon, shall be entered in full in their respective journals. 
Then such proposed amendment or amendments shall be submitted to 
the voters of the State for their ratification or rejection at the next 
general election for members of the House of Representatives, the 
vote to be taken thereon in such manner as the General Assembly may 
provide, and to be certified by the officers of election to the secretary 
of state in such manner as shall be provided by law, which vote shall 
be compared and certified by the same board authorized by law to 
compare the polls and give certificates of election to officers for the 
State at large. If it shall appear that a majority of the votes cast for 
and against an amendment at said election was for the amendment, 
then the same shall become a part of the Constitution of this Common- 
wealth, and shall be so proclaimed by the governor, and published in 
such manner as the General Assembly may direct. Said amendments 
shall not be submitted at an election which occurs less than ninety 
days from the final passage of such proposed amendment or amend- 
ments. Not more than two amendments shall be voted upon at any 
one time, nor shall the same amendment be again submitted within 
five years after a submission. Said amendments shall be so submitted 
as to allow a separate vote on each, and no amendment shall relate to 
more than one subject ; but no amendment shall be proposed by the 



282 CONSTITUTION OF KENTUCKY. 

first General Assembly which convenes after the adoption of this Con- 
stitution. The approval of the governor shall not be necessary to 2ny 
bill, order, resolution, or vote of the General Assembly, proposing an 
amendment or amendments to this Constitution. 

Sec. 257. Before an amendment shall be submitted to a vote, the 
secretary of state shall cause such proposed amendment, and the time 
that the same is to be voted upon, to be published at least ninety days 
before the vote is to be taken thereon in such manner as may be pre- 
scribed by law. 

Sec. 258. When a majority of all the members elected to each 
House of the General Assembly shall concur by a yea and nay vote, 
to be entered upon their respective journals, in enacting a law to take 
the sense of the people of the State as to the necessity and expediency 
of calling a convention for the purpose of revising or amending this 
Constitution and such amendments as may have been made to the 
same, such law shall be spread upon their respective journals. If the 
next General Assembly shall in like manner concur in such law, it 
shall provide for having a poll opened in each voting precinct in this 
State by the officers provided by law for holding general elections at 
the next ensuing regular election to be held for State officers or mem- 
bers of the House of Representatives, which does not occur within 
ninety days from the final passage of such law, at which time and 
places the votes of the qualified voters shall be taken for and against 
calling the convention, in the same manner provided by law for taking 
votes in other State elections. The vote for and against said proposi- 
tion shall be certified to the secretary of state by the same officers and 
in the same manner as in State elections. If it shall appear that 
a majority voting on the proposition was for calling a convention, and 
if the total number of votes cast for the calling of the convention is 
equal to one-fourth of the number of qualified voters who voted at the 
last preceding general election in this State, the secretary of state 
shall certify the same to the General Assembly at its next regular 
session, at which session a law shall be enacted calling a convention to 
readopt, revise, or amend this Constitution and such amendments as 
may have been made thereto. 

Sec. 259. The convention shall consist of as many delegates as 
there are members of the House of Representatives ; and the delegates 
shall have the same qualifications and be elected from the same dis- 
tricts as said Representatives. 

Sec. 260. Delegates to such convention shall be elected at the next 
general State election after the passage of the act calling the conven- 
tion, which does not occur within less than ninety days ; and they shall 
meet within ninety days after their election at the Capital of the State, 
and continue in session until their work is completed. 

Sec. 261. The General Assembly, in the act calling the convention, 
shall provide for comparing the polls and giving certificates of election 
to the delegates elected, and provide for their compensation. 

Sec. 262. The convention, when assembled, shall be the judge of 
the election and qualification of its members, and shall determine con- 
tested elections ; but the General Assembly shall, in the act calling 



CONSTITUTION OF KENTUCKY. 283 

the convention, provide for taking testimony in such cases, and for 
issuing a writ of election in case of a tie. 

wSec. 263. Before a vote is taken upon the question ot calling a con- 
vention, the secretary of state shall cause notice of the election to be 
published in such manner as may be provided by the act directing said 
vote to be taken. 

Schedule. 

That no inconvenience may arise from the alterations and amend- 
ments made in this Constitution, and in order to carry the same into 
complete operation, it is hereby declared and ordained : — 

1. That all laws of this Commonwealth in force at the time of the 
adoption of this Constitution, not inconsistent therewith, shall remain 
in full force until altered or repealed by the General Assembly ; and all 
rights, actions, prosecutions, claims, and contracts of the State, coun- 
ties, individuals, or bodies corporate, not inconsistent therewith, shall 
continue as valid as if this Constitution had not been adopted. The 
provisions of all laws which are inconsistent with this Constitution shall 
cease upon its adoption, except that all laws which are inconsistent with 
such provisions as require legislation to enforce them shall remain in 
force until such legislation is had, but not longer than six years after 
the adoption of this Constitution, unless sooner amended or repealed 
by the General Assembly. 

2. That all recognizances, obligations, and all other instruments 
entered into or executed before the adoption of this Constitution, to 
the State, or to any city, town, county, or subdivision thereof, and all 
fines, taxes, penalties, and forfeitures due or owing to this State, or to 
any city, town, county, or subdivision thereof ; and all writs, prosecu- 
tions, actions and causes of action, except as otherwise herein provided, 
shall continue and remain unaffected by the adoption of this Constitu- 
tion ; and all indictments which shall have been found, or may hereafter 
be found, for any crime or offense committed before this Constitution 
takes effect, may be prosecuted as if no change had taken place, except 
as otherwise provided in this Constitution. 

3. All circuit, chancery, criminal, law and equity, law, and common 
pleas courts, as now constituted and organized by law, shall continue 
with their respective jurisdictions until the judges of the circuit courts 
provided for in this Constitution shall have been elected and qualified, 
and shall then cease and determine ; and the causes, actions, and pro- 
ceedings then pending in said first-named courts, which are discontin- 
ued by this Constitution, shall be transferred to, and tried by, the circuit 
courts in the counties, respectively, in which said causes, actions, and 
proceedings are pending. 

4. The treasurer, attorney-general, auditor of public accounts, super- 
intendent of public instruction, and register of the land office, elected 
in eighteen hundred and ninety-one, shall hold their offices until the 
first Monday in January, eighteen hundred and ninety-six, and until 
the election and qualification of their successors. The governor and 
lieutenant-governor elected in eighteen hundred and ninety-one shall 



284 CONSTITUTION OF KENTUCKY. 

hold their offices until the sixth Tuesday after the first Monday in 
November, eighteen hundred and ninety-five, and until their succes- 
sors are elected and qualified. The governor and treasurer elected in 
eighteen hundred and ninety-one shall be ineligible to the succeeding 
term. The governor elected in eighteen hundred and ninety-one may 
appoint a secretary of state and a commissioner of agriculture, labor, 
and statistics, as now provided, who shall hold their offices until their 
successors are elected and qualified, unless sooner removed by the gov- 
ernor. The official bond of the present treasurer shall be renewed at 
the expiration of two years from the time of his qualification. 

5. All officers who may be in office at the adoption of this Constitu- 
tion, or who may be elected before the election of their successors, as 
provided in this Constitution, shall hold their respective offices until 
their successors are elected or appointed and qualified as provided in 
this Constitution. 

6. The quarterly courts created by this Constitution shall be the 
successors of the present statutory quarterly courts in the several coun- 
ties of this State ; and all suits, proceedings, prosecutions, records, and 
judgments now pending or being in said last-named courts, shall, after 
the adoption of this Constitution, be transferred to the quarterly courts 
created by this Constitution, and shall proceed as though the same had 
been therein instituted. 

Ordinance. 

We, the representatives of the people of Kentucky, in Convention 
assembled, in their name and by their authority and in virtue of the 
power vested in us as delegates from the counties and districts respec- 
tively affixed to our names, do ordain and proclaim the foregoing to be 
the Constitution of the Commonwealth of Kentucky from and after 
this date. 

Done at Frankfort this twenty-eighth day of September, in the year 
of our Lord one thousand eight hundred and ninety-one, and in 
the ninety- ninth* year of the Commonwealth. 

Amendment of 1902, added to Section 181. 

And the General Assembly may, by general laws only, authorize 
cities or towns of any class to provide for taxation for municipal pur- 
poses on personal property, tangible and intangible, based on income, 
licenses or franchises, in lieu of an ad valorem tax thereon : Provided, 
Cities of the first class shall not be authorized to omit the imposition 
of an ad valorem tax on such property of any steam railroad, street 
railway, ferry, bridge, gas, water, heating, telephone, telegraph, electric 
light or electric power company. 

* Error : should be " one hundredth." 



THE STATE OF KENTUCKY. 



285 



GOVERNORS OF KENTUCKY. 



Isaac Shelby .... 


June 4, 1792 


Thos. E. Bramlette 


Sept. 1863 


James Garrard . . . 


June 1. 1796 


*John L. Helm . . . 


Sept. 1867 


James Garrard . . . 


June 1, 1800 


t+John W. Stevenson . 


Sept. 8, 1867 


Christopher Greenup . 


Sept. 1804 


^Preston H. Leslie . . 


Feb. 1871 


Chas. Scott .... 


Sept. 1808 


Preston H. Leslie . 


Sept. 1871 


Isaac Shelby .... 


Sept. 1812 


James B. McCreary 


Sept. 1875 


^George Madison . . . 


Sept. 1816 


Luke P. Blackburn 


Sept. 1879 


^Gabriel Slaughter . . 


Oct. 21, 1816 


J. Proctor Knott . . 


Sept. 1883 


John Adair .... 


Sept. 1820 


Simon B. Buckner . . 


Sept. 1887 


Joseph Desha . . - . 


Sept. 1824 


John Young Brown 


Sept. 1891 


Thomas Metcalfe . . 


Sept. 1828 


Wm. 0. Bradley . . 


Dec. 1895 


*John Breathitt . . . 


Sept. 1832 


(b) Wm. S. Taylor . . 


Dec. 1899 


JJames T. Morehead . 


Feb. 22, 1834 


♦William Goebel . . 


Jan. 31, 1900 


*James Clark .... 


Sept. 1836 


tj. C. W. Beckham . 


Feb. 3. 1900 


tChas. A. Wickliffe . . 


Oct. 5, 1839 


J. C. W. Beckham . . 


Dec. 1900 


Robert P. Letcher . . 


Sept. 1840 


J. C. W. Beckham . . . 


Dec. 1903 


Wm. Owsley .... 


Sept. 1844 


Augustus E. Willson 


Dec. 1907 


tjno. J. Crittenden 


Sept. 1848 






tJohn L. Helm . . . 


July 31, 1850 






Lazarus W. Powell 


Sept. 1851 






Chas. S. Morehead . . 


Sept. 1855 






tBeriah Magoffin . . 


Sept. 1859 






(a) Jas. F. Robinson . 


Sept. 1862 







SALARIES OF STATE OFFICERS PER YEAR. 



Governor House and $6500 

Treasurer 3600 

Auditor 3600 

Attorney-General 4000 

Secretary of State 3000 

Supt. of Public Instruction . . 2500 
Railroad Commissioners 

Chairman 3600 

Others, each 3000 



Commissioner of Agriculture, etc 
Inspector and Examiner 

State Librarian 

State Inspector of Mines 
Insurance Commissioner 
Prison Commissioners, each 
Board of Control, each member 
Clerk of Court of Appeals . 
Justices of Court of Appeals, each 



$2500 
3000 
1200 
2400 
3000 
2000 
2500 
4000 
5000 



SALARIES OF STATE OFFICERS PER DAY. 



Lieutenant-Governor, during sessions of Legislature ...... $10 

State Board of Equalization, each member, during sessions of Board . 5 

Election commissioners, each, during sessions, $5, but not to exceed $100 per year. 



* Died in office, t Resigned. X Lieutenant-Governor succeeding as 
governor, (a) Speaker of Senate succeeding as governor, (d) Seat con- 
tested by Wili.im Goebel, to whom the Legislature awarded the certificate 
Jan. 31, 1900. 




C* N01S \ — £' d 

/& I 

AS^ i S3AV413 I 

v 3 'is #s 

g 

c 



286 



THE STATE OF KENTUCKY. 



287 



UNITED STATES SENATORS FROM KENTUCKY. 



John Brown . . . 
John Edwards . . 
Humphrey Marshall 
John Breckinridge 
John Adair . . . 
John Buckner Thurston 



Henry Clay . 



John Pope . . . . 
Geo. M.Bibb . . . 

Jesse Bledsoe . . . 
George Walker . . 
William T. Barry . 

Isham Talbot . . . 

Martin D. Hardin 

Jno. J. Crittenden 

Wm. Logan . . . . 
Richard M. Johnson . 
John Rowan . . . 
James T. Morehead . 



1792 to 1805 
1792 to 1795 
1795 to 1801 
1 801 to 1805 
1805 to 1806 

1805 to 1809 

1806 to 1807 
1809 to 1811 
1831 to 1842 
1849 t0 x 852 

1807 to 1813 
1811 to 1814 
1829 to 1835 

1813 to 1815 

1814 to 1815 

1815 to 1816 

1815 to 1819 
1820 to 1825 

1816 to 1817 

1817 to 1819 
1835 to 1841 
1842 to 1848 
1855 to 1861 

1819 to 1820 

1820 to 1829 
1825 to 1831 
1841 to 1847 



Joseph R. Underwood 


. 1847 to 1853 


Thomas Metcalfe 


. 1848 to 1849 


David Meriwether 


. 1852 


Archibald Dixon . 


. 1852 to 1855 


John B. Thompson . 


. 1853 to 1859 


Lazarus W. Powell . 


. 1859 t0 x 865 


John C. Breckinridge 


. 1861 


Garrett Davis . . . 


. 1861 to 1872 


James Guthrie . . . 


. 1865 to 1868 


T. C. McCreary . . 


J 1868 to 1 871 
I 1873 to 1879 


John W. Stevenson . 


. 1871 to 1877 


Willis B. Machen . . 


. 1872 to 1873 


James B. Beck . . 


. 1877 to 1890 


John S. Williams . . 


. 1879 t0 l88 5 


J. C. S. Blackburn 


r 1886 to 1897 




^ 1901 to 1907 


John Griffin Carlisle . 


. 1890 to 1893 


Wm. J. Lindsay . . 


. 1893 to 1901 


W. J. Deboe . . . 


1897 to 1903 


James B. McCreary . 


. 1903 to 1909 


Thos. H. Paynter . 


. 1907 to 1913 



QUESTIONS ON THE CONSTITUTION AND CIVIL 
GOVERNMENT OF KENTUCKY. 

1. In Sections 1-26 of the constitution, point out, so far as 
possible, each provision mentioned on pages 72-75, and tell what 
is meant by it. 

2. On what day will the next General Assembly meet ? 

3. Of what two bodies is it composed ? What officer presides 
over each (Sees. 34, 83) ? 

4. How is a bill enacted (Sees. 46, 56, 88) ? When does it 
become law (Sec. 55)? 

5. Mention ten things that the General Assembly has no 
authority to do (Sees. 59, 60, 63, 64, 226). 

6. What are the only subjects it can consider in a special 
session (Sec. 80) ? 

7. Which two powers exercised by the governor do you think 
the most important ? 



288 THE STATE OF KENTUCKY. 

8. By what authority did the General Assembly in 1900 make 
William Goebel governor in place of William S. Taylor (Sec. 90) ? 

9. What offices must be filled by lawyers (Sees. 92, 100, 114, 
130)? 

10. What is the name of the supreme court of this State ? 
Which of the justices of this court acts as chief justice (Sec. 118)? 

11. What courts are provided for in the constitution? Can 
the General Assembly establish other courts (Sec. 135)? 

12. What property is exempt from taxation in Kentucky (Sec. 
170)? 

13. Repeat the oath or affirmation required of all officers (Sec. 
228). 

14. Tell briefly how the constitution can be amended (Sec. 

256). 

15. Name the counties in your congressional district. Who is 
your representative in Congress ? 



SUGGESTIVE QUESTIONS. 

1 . Who is now governor of Kentucky ? What other State 
officers can you name ? 

2. Who is your representative, and who your senator, in the 
General Assembly ? 

3. If you were to sue a neighbor for a debt of $20, before 
whom would the case be tried ? What would be the answer if 
the suit were for $2000 ? 

4. If you were left an orphan, who would appoint a guardian 
for you and your property ? 

5. Find out and report two things done by the fiscal court of 
your county at its last session. 

6. By whom are the expenses of your school paid ? 

7. By whom are your roads or streets kept in repair ? 



QUESTION FOR DEBATE. 

Resolved, That men who have not paid their taxes should not 
be allowed to vote. 



:b 3Q ^90 9 




i 



PETERMAN'S ELEMENTS OF CIVIL 
GOVERNMENT 

RETAIL PRICE 45 Crs. 
EXCHANGE PRICE 22 CIS. 



TO THE PUBUC: THE PRICES PRINTED HEREON ARE FIXED 
BY STATE CONTRACT, AND ANY HIGHER PRICES ARE UN- 
LAWFUL; ANY DEVIATION THEREFROM SHOULD BE RE- 
PORTED TC YOUR COUNTY SUPERINTENDENT. OR TO THE 
STATE SCHOOL BOOK COMMISSION AT FRANKFORT. 



